Evanston DUI Lawyer

DUI Defense Lawyer in Evanston, Chicago, Illinois

Evanston is a vibrant city located just north of Chicago, Illinois, offering a mix of cultural and educational opportunities as home to Northwestern University. Despite its academic and suburban appeal, Evanston, like other cities in Illinois, sees its share of DUI arrests. The consequences of a DUI conviction can be severe, with long-lasting effects on your personal and professional life. As a DUI defense lawyer serving the Evanston area, I am well-versed in the intricacies of Illinois DUI law and can help clients navigate this difficult process with the goal of minimizing or avoiding the penalties associated with a DUI conviction.

DUI Laws in Illinois and Relevant Statutes

DUI law in Illinois is governed by 625 ILCS 5/11-501, which prohibits driving under the influence of alcohol, drugs, or any combination thereof. The legal limit for blood alcohol concentration (BAC) is set at 0.08% for most drivers. For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, Illinois maintains a zero-tolerance policy—any detectable amount of alcohol in the system can result in a DUI charge.

Under Illinois law, DUI offenses are categorized based on the severity of the offense and the defendant’s criminal history. First-time DUI offenses are typically charged as misdemeanors, specifically Class A misdemeanors. However, when aggravating factors are present, such as driving with a BAC of 0.16% or higher, causing a car accident resulting in injury, or having a minor in the vehicle at the time of the offense, the charge can be elevated to a felony, also known as an aggravated DUI.

Aggravated DUI charges come with more severe penalties and long-lasting consequences. For instance, a third DUI offense is automatically classified as a Class 2 felony, which can result in significant fines, imprisonment, and long-term revocation of driving privileges. The penalties for DUI convictions escalate with each subsequent offense, highlighting the importance of having a knowledgeable and skilled defense attorney to protect your rights and interests.

The DUI Criminal Case Process

A DUI criminal case typically begins when a law enforcement officer initiates a traffic stop. This stop can result from erratic driving, a traffic violation, or as part of a DUI checkpoint. During the stop, the officer will observe the driver’s behavior and physical condition for signs of impairment, such as slurred speech, bloodshot eyes, and the smell of alcohol.

If the officer suspects that the driver is impaired, they may request the driver to perform a series of standardized field sobriety tests (SFSTs). These tests include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. These tests are used to assess the driver’s balance, coordination, and ability to follow instructions. If the driver fails these tests, the officer may administer a preliminary breath test (PBT) to estimate the driver’s BAC.

If the results of these tests and observations suggest that the driver is impaired, the officer may arrest the driver and transport them to a police station for further chemical testing. Illinois law requires drivers to submit to chemical testing—such as breath, blood, or urine tests—under the state’s implied consent law. Refusal to submit to these tests can result in an automatic suspension of the driver’s license, even if they are not ultimately convicted of DUI.

Types of Evidence Collected in DUI Cases

In a DUI case, law enforcement officers and prosecutors will attempt to collect various types of evidence to support their case against the defendant. This evidence may include:

• Field Sobriety Test Results: These results are used to demonstrate that the driver was impaired at the time of the traffic stop.
• Chemical Test Results: The results of a breath, blood, or urine test are used to establish the driver’s BAC at the time of the arrest. Illinois law imposes strict penalties for drivers with a BAC of 0.08% or higher, and these tests are often a key piece of evidence for the prosecution.
• Police Reports: The officer’s observations of the driver’s behavior, appearance, and performance during field sobriety tests will be detailed in a written police report.
• Dashcam or Bodycam Footage: Video recordings from the police vehicle or the officer’s body camera may capture the events leading up to the arrest and can be used as evidence to support or challenge the officer’s testimony.

Penalties for DUI Convictions in Illinois

The penalties for a DUI conviction in Illinois are severe and can vary depending on the number of prior offenses and the specific circumstances of the incident. A first-time DUI offense, which is classified as a Class A misdemeanor, can result in fines of up to $2,500, up to one year in jail, and a mandatory one-year driver’s license suspension. Additionally, the court may require the installation of an ignition interlock device (IID) in the offender’s vehicle, which prevents the vehicle from starting if the driver’s BAC is above a certain threshold.

For second-time offenders, the penalties increase, including mandatory jail time or community service, a longer license suspension, and higher fines. A third DUI offense is classified as a Class 2 felony, which carries fines of up to $25,000, imprisonment for three to seven years, and a 10-year license revocation.

Beyond the immediate penalties, a DUI conviction can have long-lasting consequences. A criminal record can affect employment opportunities, housing options, and personal relationships. Additionally, insurance rates typically increase significantly after a DUI conviction, adding another financial burden.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process for DUI charges begins with the initial court appearance, during which the defendant is formally read the charges against them. The defendant will then have the opportunity to enter a plea of guilty or not guilty. If the defendant pleads not guilty, the case moves into the pretrial phase, where both the defense and prosecution gather evidence, file motions, and engage in negotiations.

During the trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired while operating a vehicle. The defense attorney’s job is to challenge the prosecution’s evidence and present a strong case in favor of the defendant. This may include questioning the accuracy of field sobriety and chemical tests, challenging the legality of the traffic stop, or presenting evidence that the driver was not impaired.

The Importance of Having a DUI Defense Attorney

Navigating a DUI case in Evanston, Chicago, is complex and can be overwhelming for those unfamiliar with the legal system. Attempting to handle a DUI case without the guidance of an experienced attorney is a mistake that can lead to unnecessary consequences, such as harsher penalties or an unfavorable plea deal. An experienced DUI defense attorney can protect your rights, challenge the prosecution’s evidence, and negotiate for reduced charges or alternative sentencing options.

At The Law Offices of David L. Freidberg, we have decades of experience defending clients against DUI charges in Evanston and throughout Chicago. Our goal is to provide personalized and aggressive representation to help you achieve the best possible outcome for your case.

Potential Legal Defenses for DUI Charges

There are several potential legal defenses that can be used to fight DUI charges in Illinois. One common defense is to challenge the legality of the traffic stop. Under the Fourth Amendment, law enforcement officers must have reasonable suspicion or probable cause to initiate a traffic stop. If the officer did not have a valid reason for the stop, any evidence obtained as a result of the stop may be inadmissible in court.

Another potential defense is to challenge the accuracy of field sobriety and chemical tests. Field sobriety tests are subjective and can be influenced by factors such as fatigue, medical conditions, or environmental conditions. Chemical tests, such as breathalyzers, can also produce inaccurate results if the device is not properly calibrated or maintained.

Qualities to Look for in a DUI Defense Attorney

When searching for a DUI defense attorney in Evanston, it is important to find someone with experience, skill, and a proven track record of success in defending DUI cases. The right attorney should have a thorough understanding of Illinois DUI law, be skilled in negotiating with prosecutors, and have the ability to present a strong defense in court.

Questions to Ask During a Free Consultation

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

• How many DUI cases have you handled?
• What is your success rate in defending DUI cases?
• What are the potential outcomes of my case?
• What are your fees and payment plans?
• How often will we communicate about my case?

City-Relevant Criminal Defense FAQs

What happens if I refuse to take a chemical test during a DUI stop in Evanston?
Under Illinois’ implied consent law, refusing to take a chemical test during a DUI stop can result in an automatic suspension of your driver’s license. The suspension period is typically one year for a first refusal and longer for subsequent refusals. It is important to consult with a DUI defense attorney to understand your rights and options if you have refused a chemical test.

Can I still drive after a DUI arrest in Evanston?
If you are arrested for DUI, your driver’s license may be suspended, but you may be eligible for a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP), which would allow you to drive with an ignition interlock device installed in your vehicle.

How long will a DUI conviction stay on my record in Illinois?
A DUI conviction in Illinois will remain on your driving record permanently. Unlike some other offenses, DUI convictions cannot be expunged or sealed from your criminal record.

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

If you are facing criminal charges in Evanston, 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.