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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.

Driving Under the Influence Laws

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.

The Consequences of a DUI Arrest

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:

• The driver had insurance
• The driver was operating a school bus
• The driver had a suspended or revoked license
• There was an accident that caused significant bodily injury

If there are related offenses, a DUI lawyer in Chicago could explain how additional charges can impact potential penalties.

Alternative Adjudication for a First Offense

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.

Refusing Breathalyzer or Field Sobriety Tests

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.

Illinois has adopted the implied consent law. Under this law, when people travel on public roadways, they are giving their implied consent to provide blood, breath, or urine samples if the police think they are impaired. While a person can refuse, the implied consent law brings additional consequences for noncompliance.

Field sobriety tests are different. While the implied consent law applies to blood, breath, or urine tests, there are few consequences for refusing to submit to field sobriety examinations. While the state might use a refusal to suggest the person was impaired, there are issues that come with performing these tests that can lead to false positives. Factors such as chewing gum or back pain can result in a failure. A Chicago DUI attorney would advise that there are few good reasons to submit to field sobriety testing.

This also applies to portable breath tests. The implied consent laws only pertain to formal testing after an arrest. An individual will not face the same consequences if they decline to submit to a portable breathalyzer, as these devices are not very accurate.

Administrative vs. Criminal Cases

There are two distinct proceedings that occur after a person is arrested under suspicion of DUI. In addition to facing criminal charges in a court of law, their license will be at risk during an administrative proceeding.

The consequences of a criminal case include jail time and fines. While administrative proceedings do not involve the same risks, a negative verdict can result in a person losing their driving privileges.

These cases work in parallel, and the outcome of one is not tied to the other. Administrative cases are typically heard first, as individuals have a limited period of time to request a hearing and contest their suspension.

A DUI attorney in Chicago could help with both cases. If a person’s criminal case is likely to go to trial, the administrative hearing could provide them with an opportunity to review the state’s evidence.

Defenses in a DUI Case

There are many options for fighting a DUI case, but two approaches are especially common. An experienced lawyer in Chicago could review the facts of a DUI case and identify the best strategy. The usual approaches typically involve challenging the traffic stop or disputing the admissibility of the chemical test.

Challenging the Stop

Most DUI cases result from a traffic stop. Police will pull over a driver after witnessing them speed or run a stop sign, then come to suspect that they are under the influence of drugs or alcohol. When the officers initiate a traffic stop without reasonable suspicion that the driver has committed a crime, the evidence they collect could be barred from trial.

Attacking the Test Results

Blood, breath, and urine test results are crucial for the state, as they provide concrete evidence of a driver’s blood alcohol concentration. Usually, this is the strongest evidence available to the prosecution. However, there are guidelines that the police must follow when taking, collecting, storing, and testing these samples. Any mistake could impact the accuracy of the results and give the defense attorney grounds to have them excluded from the trial.

Consult a Chicago DUI Attorney

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.