Illinois DUI

Here is some information for you in regards to an Illinois DUI. Your key to safeguarding your driving privileges is to find a good Illinois DUI Lawyer:

Is Your Prosecuting Attorney Duping You?

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ¡V all of which may help you to win your case at trial.

Illinos DUI Drunk Driving Defense Information

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Illinois Secretary of State "Driving Under the Influence" is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 percent or greater, has used any illegal substance, or is impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing alcohol levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired.

o The following are just a few of the available defenses in DUI cases.

„X Driving. The prosecution must prove you were driving;

„X Probable cause. Evidence must be suppressed if the officer did not have legal cause to (1) stop, (2) detain, and (3) arrest;

„X Miranda;

„X Implied consent warnings;

„X "Under the influence";

„X Blood-alcohol concentration;

„X Testing during the absorptive phase;

„X Retrograde extrapolation;

„X Regulation of blood-alcohol testing; and

„X License suspension hearings.

If you lose your case in the trial court, you can appeal to the court of review, usually the appellate court. If you plan to appeal your case, the first and most critical step is to file the notice of appeal. Your attorney must file your notice of appeal within thirty days after the trial court enters a final judgment. If the notice of appeal is not filed within 30 days, the court of review cannot consider your case.

DUI/DWI Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.

Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.

Illinois law provides that it is a "Class A" misdemeanor to drive with 0.08% BAC or greater, regardless of whether your ability to drive is impaired. This was changed from the previous 0.10% effective July 3, 1997, as Illinois became the 14th state to lower its level from 0.10% to 0.08%. It is also illegal to drive when your ability to do so is impaired by alcohol and/or drugs, regardless of your BAC.

You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt. You are entitled to a trial by jury or a bench trial before a judge. You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea. The judge must approve the sentence. You may also enter a blind plea, with no recommendation from the prosecutor, and have the judge impose a sentence.

A class A misdemeanor punishable by a fine of up to $2,500, plus court costs, and a term of incarceration in the County Jail for up to 365 days. Conviction will result in your driving privileges be REVOKED for not less than one year and usually for 3-5 years. When a driver¡¦s license is revoked, a driver is not eligible for a restricted, probationary or hardship or any other form of license. After multiple DUI convictions, a subsequent charge of DUI can be upgraded to a felony, aggravated driving under the influence.