Chicago zealously prosecutes driving under the influence (DUI) charges, and the potential penalties are substantial. In addition to criminal consequences, DUI charges can impact other areas of your life. DUI convictions could result in higher auto insurance rates, impact your ability to drive and work, and even affect outcomes in situations like custody disputes.
Unfortunately, many people do not have access to a defense attorney during their initial police interactions for DUI offenses. You should contact a Chicago DUI lawyer as quickly as possible for help navigating these charges.
Illinois law prohibits people from driving while intoxicated or under the influence of drugs. 625 Illinois Compiled Statutes 5/11-501 addresses DUI laws. It prohibits people from driving with a blood alcohol content (BAC) of .08 or higher. It also prohibits people from driving under the influence of any intoxicating compound (including those listed in the Intoxicating Compounds Act), methamphetamines, or marijuana.
DUI starts as a Class A misdemeanor, which can result in a year of jail time and a fine of up to $2,500. Multiple offenses or aggravated offenses may be felonies and can carry more severe penalties. One of the jobs of a Chicago DUI attorney is to explain the charges against a defendant and ensure that the defendant understands all the potential consequences.
When a driver is arrested for DUI, it can trigger a cascade of related offenses. A first DUI offense can lead to license suspension and vehicle impoundment. In addition to criminal penalties, which may be minor for a first offense, the defendant also has to manage administrative costs and fines. Some defendants may be required to attend DUI classes and counseling or submit to drug and alcohol testing.
Generally, the state charges the first and second DUI offenses as misdemeanors. If the DUI results in property damage, injuries, or death, the state may charge it as a more severe offense. A DUI may also have related offenses. For example, a parent driving under the influence with a child in the vehicle may also face charges of child endangerment. A third DUI offense is automatically a felony.
For the state to charge first or second DUIs as felonies, it will look at whether:
If there are related offenses, a DUI lawyer in Chicago could explain how additional charges can impact potential penalties.
For first DUI offenses, a skilled Chicago attorney may be able to help a defendant avoid a conviction. Illinois permits defendants to seek something known as court supervision, which serves as an alternative to criminal conviction. If the defendant complies with the court’s terms for supervision for the stated period, the court will dismiss the charges.
The court will not allow a defendant to get supervision for any DUI conviction beyond the first one.
Many people believe they must submit to breathalyzer or field sobriety tests. That is not true. Defendants have a right to refuse these tests. However, refusal has consequences, including a longer driver’s license suspension. Ideally, a defendant would have the opportunity to discuss those options with an attorney. In reality, even if a Chicago lawyer is on speed dial, a defendant may not have time to discuss options during a DUI traffic stop.
When you are charged with DUI, you may be facing a multitude of civil and criminal penalties. You need a legal professional to help you navigate the issues, minimize the punishment you face, and, if necessary, help you get access to any additional support you may need. Schedule a free case evaluation with a Chicago DUI lawyer from Price Benowitz to learn more.
