Illinois DUI Defense Attorney
Aggressive DuPage County and Chicago DUI Defense Lawyer
One too many drinks before you get behind the wheel can throw your life into a tailspin if you're arrested and charged with a DUI.
- Will you lose your license? For how long?
- Will there be fines? Jail time?
- What will happen with your auto insurance? Will it go up?
Traffic violations - from drunk driving to seat belt violations - can result in heavy fines, increased insurance rates, mandatory driver's ed classes or community service, and even threaten your drivers license. Talk to a traffic violations lawyer about your tickets.
At the Oak Brook law office of McPherson Harry & Associates, P.C., a defense lawyer is here to help you get through difficult times, whether it's your first DUI or a repeat offense. We will answer your questions and defend you through the criminal case and the administrative Secretary of State hearing.
There are two aspects to an arrest for driving under the influence of alcohol or drugs. One aspect is civil in nature and involves your driving privileges while your dui case is pending. The other aspect is the criminal defense part. Even though this may seem like double-punishment for one crime (a violation of the Double Jeopardy clause of the Constitution), the Illinois Supreme Court recently held that a summary suspension of a driver's license is not punishment and therefore does not violate the double jeopardy clauses of the Illinois or U.S. Constitutions
The DUI Administrative Hearing
If you had a BAC of more than .08 or you refuse to take a breath test, the suspension of your driver's license will take place on the 46th day after you receive the Warning to Motorist. This often occurs at the time of your arrest for DUI. Other times it occurs after the urine or blood has been tested and the results from the lab are known. You have a limited amount of time to save your driver's license from the administrative suspension imposed by the Secretary of State of Illinois and referred to as the Statutory Summary Suspension. The sooner you call 630-472-9700, the sooner we can begin investigating your case and filing the proper documents and motions with the court.
As experienced DUI attorneys, we will review your case in detail and present a Petition to Rescind the Statutory Summary Suspension, if warranted by the facts. If there was no probable cause to pull you over, we may be able to stop the State of Illinois from suspending your drivers' license for DUI. We have successfully beaten the statutory summary suspension on a variety of facts.
- If a breathalyzer or blood test showed you had a blood alcohol level of .08 or higher, you could lose your driver's license privileges for six months to one year depending on whether you are considered a first time offender.
- If you refused to take either test, you will face a 1 year to 3 year license suspension depending on whether you are considered a first time offender.
- If you have a Commercial Driver's License also know as a CDL, and refuse to take the test, you will suffer a suspension, regardless of whether you are a first time offender.
The length of suspension is as follows:
Six months for "first DUI / DWI offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more.
One year for persons with a BAC of .08 or more who are not first DUI / DWI offenders.
Twelve months for "first DUI / DWI offenders" who refuse any or all testing; and
Three years for those who refuse chemical testing who are not "first DUI / DWI offenders."
The term "first DUI / DWI offender," as used in the above paragraph, is somewhat misleading. Those with a prior DUI / DWI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first DUI / DWI offenders even though they are ineligible for court supervision on the criminal charge of DUI / DWI. For purposes of deciding whether you should consent to the testing of your BAC, the officer may inform you that you are a first time DUI / DWI offender even though you are not eligible for court supervision because the civil suspension and criminal proceedings are separate and distinct.
Illinois DUI Law 2009 Requires Alcohol Interlock Ignition Device for Cars
If you choose to serve out the Statutory Summary Suspension, you may be eligible for a Monitoring Device Driving Permit, also known as an MDDP, which will allow you to drive for any purpose, not just for work or medical reasons while your license is suspended. In order to obtain an MDDP, you must have installed in your vehicle a device called a BAIID. A BAIID device is similar to a breathalyzer in that you must blow into the VAIID device and register your alcohol concentration level before your car will start. You will also be required to blow into the device at various intervals to keep the vehicle in motion. All costs associated with the installation and maintenance of the device will be the responsibility of the driver.
The DUI Criminal Process....Your Day in Court
It is the prosecutor's duty to attempt to prove you guilty beyond a reasonable doubt of driving under the influence. Under Illinois law, it is not your job to prove your innocence or to beat your dui.
Don't assume the prosecutor can prove you are guilty of driving under the influence of alcohol or under the influence of drugs without speaking to an experienced dui dwi defense attorney. Tell us as your DUI lawyers every detail you can remember about your drunk driving arrest. The more we know, the better we will be able to defend you, whether you're facing a first time DUI, misdemeanor DUI conviction, aggravated DUI arrest or a repeat offender charge.
If you choose to plead not guilty, we are experienced DUI defense attorneys who will confidently take your case to trial. We explore all the forensic, medical and circumstantial evidence to provide you with a realistic assessment of your case.
If you prefer to negotiate a plea agreement, we will represent you with the goal of minimizing future consequences of a plea of guilty In certain cases, we may be able to get the charges reduced to something less serious than DUI, like reckless driving.
Regardless, before you are sentenced on a DUI, a you must obtain an alcohol evaluation from an agency licensed by the Illinois Office of Alcohol and Substance Abuse (OASA).