You may have thought you were completely sober when you woke up after a night of partying, or you may have misjudged how much alcohol was in those two drinks you had.
Either way, now you’re finding yourself facing a DUI (driving under the influence) charge and feeling like life couldn’t be worse.
Before you do anything, you need to seek legal counsel, in the form of an experienced DUI attorney.
Do not attempt to fight the charges on your own, as you may wind up in a worse situation than when you started.
A DUI charge is not the end of the world, but it can be costly, legally, emotionally, socially, and financially.
According to the State of Illinois, the average DUI charge costs somewhere in the neighborhood of $16,000, including fines, legal fees, temporary loss of income, etc.
An expert DWI defense can help to lessen these costs and get your life back on track as quickly and as smoothly as possible.
Here’s a quick overview of Illinois’ DUI laws and how you can potentially beat your DUI charge.
Illinois’ DUI Laws
In Illinois, a DUI or DWI (driving while intoxicated) charge typically applies when a driver is legally intoxicated, or has a BAC (blood alcohol content) of .08% or higher.
DUI charges can also occur in cases where the driver is dealing with the following:
- BAC of between .05% and .08% but is displaying signs of intoxication
- BAC of less than .08% but is under 21 years of age
- Under the influence of prescription or illegal substances
Parents, please be mindful of your children illegally drinking and driving while they are still underage.
All 50 U.S. states, have a DUI zero tolerance law, specifically for underage driver.
In Illinois, the blood alcohol level of drivers under the age of 21, has to be absolutely zero percent, or they face being arrested for DUI.
Additionally, like Florida, should you refuse roadside sobriety tests, you run the risk of automatically having your license suspended for one year.
The best approach when you’ve been stopped on suspicion of driving under the influence, is to be 100% cooperative with the officer.
Be sure to stay calm, follow all directions and tests, never become aggressive or raise your voice, and always be respectful.
Officers are often required to make an appearance in court to give their testimony for the arrest, and the last thing you want is for them to say you behaved poorly during the stop.
Penalties for DUI in Illinois can vary based upon the following:
- level of intoxication
- the number and age of passengers in the car
- whether or not the offence resulted in damage to persons or property
- whether you have been charged before.
A first-time DUI charge can be considered an aggravated DUI and result in felony charges under certain circumstances. For example, a DUI in a school zone causing bodily harm, or even driving without a license or insurance.
Illinois has a very strict system when it comes to driving while under the influence of alcohol and/or drugs.
For a first offense, you can find yourself facing a year of jail time, as well as a fine of up to $2500.
In addition, you may be required to install a BAIID (breath alcohol ignition interlock device) in order to be able to continue to operate a motor vehicle.
Prior to your case being heard, a substance abuse evaluation will be conducted, potentially resulting in a court-mandated drug abuse or alcohol abuse rehabilitation program.
How to Beat A DUI Charge
- Hire a Good DUI Attorney
There are a number of ways to beat a DUI charge, but you should never try to do it on your own.
Reason being, you have no legal knowledge or experience, while the prosecutor is an experienced professional. How could you possibly stand a chance? You can’t.
When you’re looking to hire a DUI attorney, do the following:
- Research the attorney’s client history and reviews
- Meet with the attorney to ensure that you will be able to work with them
- Ask yourself if they are committed to fighting the charges to the best of their ability?
Your best chance at avoiding serious consequences is an excellent DUI defense.
- Look for Mistakes
After you find the right lawyer, one of the first steps to take for beating a DUI charge is to look for any mistakes that may have been made during your arrest.
Police must have reason to suspect that a violation of traffic laws is occurring in order to pull you over.
However, stationary sobriety checks are permissible (e.g. a blockade to check all drivers for intoxication) provided they are in accordance with state regulations.
Police must also be witness to a violation, witness reports are not sufficient for a charge.
In addition, if you believe yourself to be the victim of profiling, this may help your case.
Arrests must be made at the time of the incident, DWI charges have a very short statute of limitations.
- Find out if your test results were valid
There are specific procedures and timelines for administering BAC tests.
These include, but are not limited to:
- multiple testings to ensure accuracy
- verifying that any equipment used is working properly
- making sure that the observation period is upheld prior to testing
- If first aid is required, administration of IV fluids may impact secondary test results as well.
Knowing the details of your testing can help your lawyer determine whether the results can be deemed inaccurate or inadmissible.
- Extenuating circumstances
In some cases, the circumstances of your intoxication, or apparent intoxication, may be out of your control.
This may be the case if you are pulled over for either of the following reasons:
- weaving or other erratic driving during inclement weather
- if you believe that a substance was administered to you without your knowledge or consent. For example, something slipped in your drink.
Extenuating circumstances can also assist in lowering the possibility of a conviction.
Your attorney may be able to arrange for you to continue driving, with restrictions, if this is a first offence and you need your vehicle to maintain employment.
- Attitude.
As with all walks of life, attitude plays a role in the consequences of a DUI charge and conviction.
Police are more likely to be agreeable if you respond cooperatively to their questions, and a judge in the courtroom is more likely to be lenient if you are calm and respectful as well.
By the same token, the conduct of the arresting officer may come into play when determining the validity of the arrest itself.
- Your right to a fair and speedy trial.
If there are unreasonable delays in your trial by the prosecution or the court itself, your charges may be dropped.
Illinois DWI cases must be tried within 120 to 160 days.
The justice system has these rules in place to protect you from a prolonged period of stress during which you are unsure of the eventual outcome.
- Errors during trial
Certain protocol must be followed during the trial itself, including disclosure of evidence and experts, and consistent witness statements (including those from police).
If the prosecution falls apart in its argument, this may result in dismissal of charges as well.
So How Do You Find Help?
If you find yourself in need of an attorney at law to handle your case, Drivers License Restorers is an excellent resource.
We offer a list of DWI defense attorneys by state, as well as information on how to choose the right lawyer for you.
Drivers License Restorers also offers a wealth of information on program resources if you are convicted, from DUI classes to treatment centers, and everything in between to help you get your life and freedom back.
Finally, it is important to remember why these laws exist.
Between the years of 2003 and 2012,
- 3,866 people were killed as a result of impaired driving in Illinois alone
- The vast majority of whom were millennials, between the ages of 21 and 34
While the number of deaths attributed to impaired driving is below the national average (2.5 people out of 100,000, as opposed to the national average of 3.3 people), 2.2% of adults surveyed reported having driven after drinking too much – within just the last 30 days.
This is higher than the national average of 1.9%.
Over 35,000 people in Illinois are arrested on impaired driving charges every year.
You are not alone in your battle, not even close. But you are fortunate to be in a position to learn from your error and move forward.
