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DUI, Lawyer, Criminal, Attorney

DUI & Traffic Law

Defending a DUI case

A DUI conviction may have a devastating impact on your future. From your driver license being suspended, to facing potential jail time.  The penalties can be pretty severe and life changing; that's why you need a aggressive attorney on your side.  Your attorney can go over all your legal options, advise you on your rights, and create strategy on how to defend your case.  Call us at (847) 414-0413

What Happens When You're Arrested For a DUI?

Each DUI case is unique with a different fact pattern, however any DUI charge may have very serious consequences on your driving privileges and your life.  In Illinois statute 625 ILCS 5/11-501 sets forth the DUI laws and penalties.  At the minimum a DUI is charged as a Class A misdemeanor carrying a potential jail term of up to one year and a fine of up to $2,500.00.  In addition, Illinois has a Statutory Summary Suspension where your driving privileges are automatically suspended for a period of time if your blood alcohol content is higher than the legal limit or if you refuse to submit to chemical testing.  If you have been previously convicted of a DUI or if there are other factors in your case, such as being involved in a car accident, you may be charged with a felony where the penalties are much more severe. 

When reviewing your case your attorney will advise you of all the legal options you have and various way to fight your case.  If you have been arrested for DUI give us a call and schedule a free consultation (847) 414-0413.  

What happens when you are arrested for a DUI?

Standardized Field Sobriety Tests (SFST)

When you are stopped on suspicion of driving under the influence, the officer that pulled you over may administer a number of field sobriety tests to determine if you should be arrested.  There are three field sobriety tests commonly used to assist the police officer in making that determination.  The horizontal nystagmus test, one-legged stand test, and the walk and turn test.  These three tests have been developed and studied by the National Highway Traffic Safety Administration (NHTSA). NHTSA sets out the standard on how to property administer these tests so that they effectively assist the officer in determining if a driver is under the influence. If the officer performing theses tests does not closely follow the the instructions set for by NHTSA, a skilled attorney can use that to help you win your case.  

Horizontal Nystagmus Test

The first test that is performed is the horizontal gaze nystagmus test.  While performing this test the officer will hold an object, such as a pen, about 12 inches in front of your face.  You will be asked to focus on the tip of that object while the officer will move it from side to side and ask you to follow it with your eyes.  While the officer is moving the object he will observe your eyes for any involuntary "jerking" or movement.  When a person is impaired by either drugs or alcohol, the central nervous system is impacted and your body does not control your muscles in the same way as it does when you are sober.  The officer will move the object about 45 degrees from the center of the eye, and then move the object as far as your eye can follow, maximum deviation.   There are indicators that the officer is looking for, if he observes a certain number of them on you, you will be deemed to have failed the test.        

One Leg Stand Test

The second test that you will be asked to perform is the one leg stand test.  First, the officer will give you a demonstration and explain how the test should be conducted.  You will be asked to put your arms by your sides, lift one of your legs off the ground, and hold the position for 30 seconds while counting.  While you are performing the test, the officer will look for various indicators that would show signs of impairment. 

Walk and Turn

The final test that you will be asked to perform is the walk and turn.  Like with the other two, first the officer will read you the instructions and do a demonstration.  In the walk and turn test you will be asked to take 9 steps by placing the heel of one foot right in front of the toes of the opposite foot, counting out loud with each step. After you complete the 9 steps in one direction, you will turn around and complete another 9 steps in the opposite direction.  While you are performing the test the officer will look at certain indicators that imply that you are under the influence of alcohol or drugs.  If you reach a certain number of indicator the officer will presume that you are intoxicated.

DUI Attorney . . . Chose wisely

Choosing the right attorney may make all the difference to beating your DUI case.  Our attorneys are NHTSA certified.  Meaning, they were trained and certified in administering the exact same tests as police officers.  This gives us the knowledge to spot mistakes that officers make when administering these tests on the field, giving us more arsenal to fight with when defending your case.  If you were charged with a DUI don't hesitate to call us and schedule a consultation (847) 414-0413.

Field Sobriety Tests

Statutory Summary Suspension

To combat drunk driving the state of Illinois took some aggressive measures that are meant to deter one from getting behind the wheel after drugs or alcohol have been consumed.  One of these measures is the Statutory Summary Suspension. 

A statutory summary suspension suspends the driving
privileges of a person who has failed chemical testing, or refused to submit to chemical testing that the police officer administered.  The summary suspension becomes effective 46 days after you have been arrested for DUI, and received notice of the suspension. In cases where the summary suspension is based on a the results of a blood or urine tests, the date of the suspension will be delayed. 

The Statutory Summary Suspension is a civil penalty that is separate and independent from the DUI criminal offense.  Basically it can be viewed as a 2nd case against he Secretary of State to get your driving privileges back.  You may be found not guilty in your DUI case, but still be subject to the statutory suspension of your driving privileges.

In Illinois section 625 ILCS 5/6-208.1 imposes the statutory suspension and outlines the suspension period.  The length of the suspension is determined by two factors:

     (1) Whether one is a first time offender; and
     (2) Whether the person failed the test or refused.

Determining if you are first time offender is outlined in section 625 ILCS 5/11-500.  A person is a first time offender if he does not have any prior DUI charges or statutory summary suspensions from Illinois or any other state within 5 years.

If you are a first time offender, and you blew a 0.08 BAC your drivers license will be suspended for 6 months.  However, if you refused to submit to the chemical test your drivers license will be suspended for 12 months. 

Fighting the Statutory Suspension

If you received a notice that your drivers license will be suspended because of the statutory suspension your DUI lawyer file a motion to have the suspension rescinded.  A skilled DUI lawyer will be advise you on various ways that the summary suspension can be fought, and if successful you will be able to drive while your criminal case is being resolved.  To schedule an appointment with our skilled DUI attorney  contact (847) 414-0413.

Statutory Summary Suspension
Driving During Summary Suspesin -MDDP, BAIID Device

Can You Drive After DUI?  MDDP, BAIID Device

If you are a first time offender and your driver license has been suspended you will be eligible for a special permit, the Monitoring Device Driving Permit (MDDP). 625 ILCS 5/6-206.1 The MDDP will give a driver with suspended driving license unlimited driving privileges during your suspension period. Once you apply and are approved for the MDDP you will be required to install a Breath Alcohol Ignition Interlock Device (BAIID).  BAIID is a device that you blow into every time you want to start the ignition to your vehicle.  If the BAIID device detects alcohol in your breath it will not allow the ignition to start.   

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