Des Plaines DUI Lawyer

DUI Defense Lawyer in Des Plaines, Chicago, Illinois

Des Plaines, located just north of Chicago, is a thriving suburb known for its rich history and proximity to the city’s amenities. Nestled near O’Hare International Airport and surrounded by major highways, Des Plaines sees a significant amount of traffic from both residents and visitors. With the increasing number of vehicles on the road, DUI charges have become a serious concern for those caught driving under the influence of alcohol or drugs. As a DUI defense lawyer in Des Plaines and serving the greater Chicago area, I understand the severe consequences of a DUI conviction and the importance of crafting a robust defense to protect your future.

Illinois DUI Law: Understanding the Statutes and Penalties

Illinois DUI law is primarily governed by 625 ILCS 5/11-501, which prohibits the operation or physical control of a motor vehicle while under the influence of alcohol, drugs, or any combination of both. The legal BAC limit in Illinois is 0.08% for drivers aged 21 and over. For commercial drivers, the BAC limit is 0.04%, while for drivers under 21, Illinois enforces a zero-tolerance policy, meaning that any detectable alcohol in the driver’s system can result in a DUI charge.

In Illinois, DUI offenses are divided into two categories: misdemeanors and felonies. A first or second DUI offense is typically classified as a misdemeanor. However, certain aggravating factors can elevate the offense to a felony. For instance, if the DUI resulted in an accident causing bodily harm or death, or if the driver was operating the vehicle without a valid license, the charges will likely be classified as a felony, specifically an aggravated DUI. Repeat offenses can also result in aggravated DUI charges, which carry more severe penalties.

Under 625 ILCS 5/11-501, a first-time DUI conviction can result in penalties such as fines of up to $2,500, up to one year in jail, and a minimum of one-year driver’s license suspension. Second-time offenders face similar penalties, but with more serious consequences such as a five-year license suspension and the possibility of mandatory alcohol treatment programs or community service. For those convicted of a third or subsequent DUI, the charge becomes a Class 2 felony, punishable by up to seven years in prison, a mandatory 10-year driver’s license revocation, and fines of up to $25,000. The severity of penalties increases when there are aggravating factors such as a high BAC, causing injury or death, or having a child passenger in the vehicle.

How Criminal DUI Cases Begin in Illinois

A DUI case in Des Plaines typically begins with a traffic stop initiated by law enforcement. This can happen for several reasons, such as speeding, erratic driving, or a minor traffic violation. DUI checkpoints are also common, where law enforcement sets up roadblocks to stop drivers and assess them for impairment. Once a vehicle is stopped, the officer will observe the driver for signs of intoxication, including bloodshot eyes, slurred speech, and the smell of alcohol. The officer may also inquire about the driver’s whereabouts, and whether they have been drinking or using drugs.

If the officer suspects impairment, they may request the driver to step out of the vehicle and perform field sobriety tests. These standardized tests include the Walk-and-Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus (HGN) test. These tests help the officer determine if the driver’s coordination, balance, and cognitive functions are impaired. Based on the performance of these tests and the officer’s observations, the driver may be asked to submit to a breathalyzer test to measure their BAC.

If the breathalyzer test indicates a BAC above the legal limit, or if the driver fails the field sobriety tests, the officer will have probable cause to make an arrest. The driver will then be taken to the police station or a medical facility for further chemical testing, such as a blood or urine test, to confirm the BAC. Refusing to take these tests can result in an automatic license suspension under Illinois’ implied consent law.

The Criminal Trial Defense Process in Illinois

Once arrested, the DUI case moves into the criminal trial process, beginning with the initial court appearance known as the arraignment. During the arraignment, the defendant is formally charged, and they have the opportunity to enter a plea of guilty or not guilty. If the defendant pleads not guilty, the case proceeds to the pretrial phase, where both the defense and prosecution gather evidence, file motions, and negotiate possible plea deals.

During the pretrial phase, the defense attorney’s goal is to weaken the prosecution’s case by challenging the validity of the evidence and questioning the procedures followed by law enforcement. For instance, the defense may argue that the traffic stop was made without reasonable suspicion, or that the field sobriety tests were improperly administered. The attorney may also file motions to suppress evidence if there were constitutional violations, such as unlawful search and seizure.

The next phase is the trial itself. At trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired while operating a motor vehicle. The defense, on the other hand, will present arguments and evidence to cast doubt on the prosecution’s case. This could involve questioning the accuracy of the breathalyzer test, challenging the officer’s observations, or presenting alternative explanations for the driver’s behavior, such as fatigue or medical conditions.

If the defendant is found guilty, the court will move to sentencing. The judge will consider factors such as the severity of the offense, the defendant’s prior criminal history, and any mitigating or aggravating circumstances when determining the sentence.

Types of Evidence Collected in DUI Cases

Law enforcement collects several types of evidence in DUI cases, each playing a crucial role in building the prosecution’s case. Some of the most common forms of evidence include:

• Field Sobriety Test Results: These tests are used to assess the driver’s physical and cognitive impairment. However, they are often challenged by the defense as they are subjective and can be influenced by factors such as nervousness, fatigue, or medical conditions.
• Breathalyzer and Chemical Test Results: The breathalyzer provides an estimate of the driver’s BAC, while chemical tests, such as blood or urine tests, provide more accurate readings. These test results are critical to the prosecution’s case, but they are also vulnerable to challenges, particularly if the testing equipment was improperly calibrated or maintained.
• Police Reports: Officers document their observations and actions during the traffic stop, field sobriety tests, and arrest. The police report is often used as evidence to corroborate the officer’s testimony in court.
• Dashcam or Bodycam Footage: Many police departments equip their vehicles and officers with cameras that record the traffic stop and subsequent interactions. This footage can be used to support the officer’s testimony, but it can also provide evidence to challenge the prosecution’s case, particularly if it contradicts the officer’s written report.

The Benefits of Having a DUI Defense Attorney

The criminal justice system is complex, and DUI cases are no exception. Having a skilled DUI defense attorney by your side is crucial to protecting your rights and ensuring that you receive a fair trial. A defense attorney will thoroughly review the evidence, identify weaknesses in the prosecution’s case, and develop a strategic defense tailored to your situation. They will also represent you during court hearings, negotiate with the prosecution for reduced charges or alternative sentencing options, and provide guidance throughout the entire legal process.

In DUI cases, timing is critical. There are strict deadlines for filing certain motions, such as motions to suppress evidence or challenge the license suspension. Missing these deadlines can have serious consequences, which is why it is essential to have an attorney who understands the intricacies of DUI law and can act quickly to protect your interests.

Potential Legal Defenses for DUI Charges

There are several legal defenses that can be used to fight DUI charges in Illinois. One common defense is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion or probable cause to initiate the stop, any evidence obtained during the stop may be inadmissible in court. Another defense is to question the accuracy and reliability of the field sobriety and chemical tests. These tests are prone to error, and factors such as improper calibration, human error, or medical conditions can affect the results.

Another potential defense is to argue that the driver’s behavior was not due to impairment but rather a medical condition or other non-alcohol-related cause. For example, certain medications can cause side effects that mimic the signs of intoxication, such as dizziness, confusion, or slurred speech.

Qualities to Look for in a DUI Defense Attorney

When searching for a DUI defense attorney in Des Plaines, it is important to find someone with experience, knowledge of Illinois DUI laws, and a track record of success in defending clients against DUI charges. The right attorney should be responsive, accessible, and willing to provide personalized attention to your case. They should also have strong negotiation skills, as many DUI cases are resolved through plea deals rather than going to trial.

Questions to Ask During a Free Consultation with a DUI Attorney

Before hiring a DUI defense attorney, it is important to ask the right questions during your initial consultation. Some key questions to consider include:

• How many DUI cases have you handled, and what is your success rate?
• What are the potential outcomes of my case?
• How often will we communicate about my case?
• What are your fees, and do you offer payment plans?
• What defenses do you think could be effective in my case?

City-Relevant Criminal Defense FAQs for Des Plaines, Chicago, Illinois

What should I do if I’m pulled over for suspicion of DUI in Des Plaines?
If you are pulled over for suspicion of DUI, it is important to remain calm and cooperative. Provide your driver’s license, registration, and proof of insurance when asked. However, you are not required to answer questions about your alcohol consumption or where you have been. greater Chicago area, I understand the complex nature of these cases and the significant impact a DUI conviction can have on your life.

What happens if I refuse to take a chemical test during a DUI stop in Des Plaines?
Refusing to take a chemical test during a DUI stop will result in an automatic suspension of your driver’s license under Illinois’ implied consent law. For a first refusal, the suspension is typically one year. Subsequent refusals can result in longer suspension periods. However, refusing the test may also limit the amount of evidence the prosecution has against you.

Can I get my DUI charge reduced to reckless driving in Illinois?
In some cases, it is possible to negotiate a reduction of your DUI charge to reckless driving, often referred to as a “wet reckless.” This typically requires the assistance of an experienced DUI attorney who can negotiate with the prosecution on your behalf. A reduction to reckless driving may result in lesser penalties, such as a shorter license suspension and reduced fines.

How long does a DUI conviction stay on my record in Illinois?
A DUI conviction in Illinois remains on your driving record permanently. Unlike some other offenses, DUI convictions cannot be expunged or sealed, meaning they will appear on your criminal record for life. This underscores the importance of aggressively fighting DUI charges to avoid the long-term consequences of a conviction.

Contact The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing criminal charges in Des Plaines, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in Des Plaines, and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.