Orland Park DUI Lawyer

DUI Defense Attorney in Orland Park, Chicago, Illinois

Orland Park is a thriving suburban village located just southwest of Chicago. Known for its expansive parks, bustling shopping centers, and close-knit community, Orland Park offers residents a peaceful retreat just outside the fast-paced city. Despite its suburban charm, residents and visitors alike face the same legal risks that exist throughout Illinois, including the potential for DUI charges. As a DUI defense attorney with decades of experience, I have seen the significant impact a DUI conviction can have on a person’s life. This is why it is crucial for anyone facing DUI charges in Orland Park or the surrounding Chicago areas to understand their legal rights and the importance of skilled legal representation.

Understanding Illinois DUI Laws

DUI law in Illinois is governed by several statutes, the most relevant being 625 ILCS 5/11-501. Under this statute, it is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both. The law sets the legal blood alcohol concentration (BAC) limit at 0.08% for drivers aged 21 and over. For commercial drivers, the limit is lower at 0.04%. For drivers under 21, Illinois maintains a zero-tolerance policy, meaning any trace of alcohol in their system can result in a DUI charge.

A DUI in Illinois can be classified as either a misdemeanor or a felony, depending on the circumstances of the offense. First and second DUI offenses are generally classified as misdemeanors, but a third or subsequent offense is automatically charged as a felony, also known as an aggravated DUI. Aggravated DUI charges may also apply when the DUI involves a crash resulting in serious injury or death, driving without a valid license, or driving with a child passenger under the age of 16.

How Criminal DUI Cases Begin

A DUI case typically begins when a law enforcement officer initiates a traffic stop. This stop could be triggered by erratic driving behavior, 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. Common indicators include slurred speech, bloodshot eyes, the smell of alcohol, and difficulty following instructions.

If the officer suspects the driver is impaired, they will typically request the driver to perform a series of field sobriety tests. These standardized tests, such as the Walk-and-Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus (HGN) test, are designed to assess the driver’s coordination, balance, and ability to follow instructions. If the driver fails these tests, the officer may then administer a preliminary breath test (PBT) to estimate the driver’s BAC. While the results of the PBT are not admissible in court, they help the officer determine whether there is probable cause to arrest the driver for DUI.

The Criminal Case Investigation Process

Once a DUI arrest has been made, the case moves into the investigation phase. This phase is crucial because it involves the collection of evidence that the prosecution will use to build its case. The most common types of evidence law enforcement will gather in a DUI case include:

• Field Sobriety Test Results: These tests are used to demonstrate that the driver was impaired at the time of the stop.
• Chemical Test Results: Following an arrest, the driver is typically required to submit to chemical testing, such as a breath, blood, or urine test, to determine their BAC. Illinois law, under its implied consent statute, mandates that drivers who refuse these tests face an automatic suspension of their driver’s license.
• Police Reports: The officer’s observations during the stop, such as slurred speech, the smell of alcohol, or the driver’s inability to perform field sobriety tests, are detailed in the police report.
• Dashcam or Bodycam Footage: Many police vehicles are equipped with cameras that record the interaction between the officer and the driver. This footage can be used as evidence to support the officer’s testimony.

The Arrest Process and Penalties

After an arrest, the driver is typically taken to the police station or a local medical facility for further testing. They are then processed, and their personal information is recorded. Following this, the driver may be held in custody until bail is set, or they may be released on their own recognizance.

The penalties for DUI convictions in Illinois vary depending on the number of prior offenses and any aggravating factors. A first DUI offense, which is classified as a Class A misdemeanor, can result in fines of up to $2,500, a jail sentence of up to one year, and a mandatory minimum of one-year driver’s license suspension. For second offenses, penalties increase to include fines of up to $2,500, a mandatory five days in jail or 240 hours of community service, and a minimum five-year license suspension.

A third DUI offense is classified as a Class 2 felony and carries even harsher penalties. These can include fines of up to $25,000, a prison sentence of three to seven years, and a mandatory 10-year license revocation. Other aggravating factors, such as driving with a BAC of 0.16% or higher, causing injury or death, or having a child passenger, can lead to additional penalties, such as mandatory imprisonment or extended license suspension periods.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process for a DUI case in Illinois begins with the initial court appearance, also known as the arraignment. During this hearing, the charges against the defendant are formally read, and the defendant has the opportunity to enter a plea. If the defendant pleads not guilty, the case proceeds to the pretrial phase, where both the defense and prosecution gather evidence, file motions, and attempt to negotiate plea deals.

During the trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired while operating a vehicle. The defense, on the other hand, will challenge the evidence presented by the prosecution. For example, the defense may argue that the officer did not have reasonable suspicion to initiate the traffic stop, that the field sobriety tests were improperly administered, or that the chemical test results were inaccurate due to improper calibration or maintenance of the testing equipment.

The Importance of Having a DUI Defense Attorney

Having a skilled DUI defense attorney by your side throughout the criminal case process is essential. The criminal justice system is complex, and without a thorough understanding of DUI law and legal procedures, it is easy to make mistakes that could have long-lasting consequences. A knowledgeable attorney can protect your rights, challenge the prosecution’s evidence, and negotiate for reduced charges or alternative sentencing options, such as court supervision, probation, or alcohol treatment programs.

Legal Defenses for DUI Charges

There are several legal defenses that can be used to challenge 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 stop the vehicle, 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 medical conditions, fatigue, or environmental conditions can affect the results.

In some cases, the defense may present evidence that the driver was not impaired at the time of the stop. For example, the driver may have been suffering from a medical condition that caused symptoms similar to impairment, such as slurred speech or unsteady movements.

Qualities to Look for in a DUI Defense Attorney

When searching for a DUI defense attorney in Orland Park, it is important to find someone with experience and a proven track record of success in defending DUI cases. The right attorney should be knowledgeable about Illinois DUI law, skilled in the courtroom, and capable of negotiating favorable plea deals. Additionally, the attorney should be responsive, accessible, and committed to providing personalized attention to your case.

Questions to Ask a Potential DUI Defense Attorney

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 under Illinois Law

What should I do if I’m pulled over for suspicion of DUI in Orland Park?
If you are pulled over for suspicion of DUI, it is important to remain calm and cooperative. You should provide your driver’s license, registration, and proof of insurance upon request. However, you are not required to answer questions about where you have been or whether you have been drinking. It is generally advisable to decline field sobriety tests and chemical tests, but be aware that refusal will result in an automatic license suspension under Illinois’ implied consent law.

How long will a DUI conviction stay on my record?
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. This is why it is essential to fight DUI charges to avoid the long-term consequences of a conviction.

Can I drive after a DUI arrest in Illinois?
If you are arrested for DUI, your driver’s license will likely be suspended. However, 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.

What happens if I refuse a chemical test?
Refusing a chemical test in Illinois will result in an automatic license suspension. For a first-time refusal, the suspension period is typically one year. For a second or subsequent refusal, the suspension period may be longer.

What are the penalties for a first DUI offense in Orland Park?
A first DUI offense is typically classified as a Class A misdemeanor in Illinois. The penalties may include fines of up to $2,500, a jail sentence of up to one year, and a one-year license suspension. The court may also require the installation of an ignition interlock device in your vehicle.

Why You Need a DUI Defense Attorney

Facing DUI charges is a serious matter that requires skilled legal representation. Attempting to handle a DUI case on your own can result in severe consequences, including fines, jail time, and a permanent criminal record. A DUI defense attorney can protect your rights, challenge the prosecution’s evidence, and negotiate for reduced charges or alternative sentencing options.

Contact Us For Your Free Consultation

If you are facing DUI charges in Orland Park, Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.