If you have been arrested for DUI, you are encouraged to speak with our Schaumburg DUI attorney about your case. Our attorney can help you fight these charges and help you come to the best conclusion of your case. Protect your rights and your future by securing aggressive and professional legal representation for your Schaumburg DUI.
After an evening out, many people think that they can drive home after consuming a few drinks. They may justify this by thinking they have not had “too much,” or they may believe enough time has passed between their last drink and when they enter the vehicle to leave. This is never a good idea.
Any time you have consumed any type of alcohol, it is in your best interest to avoid operating a vehicle. Driving under the influence (DUI) is a serious criminal charge in Illinois, and an arrest and subsequent conviction of this crime could change your life.
Charged With A Crime Is Not The Same As Being Convicted
When you are charged with a DUI in Schaumburg, it is important that you understand that this does not mean you have been convicted of a crime. Many people believe that once they have been charged with DUI they must simply resign to whatever penalties the Court imposes upon them. This is not accurate. When you have been charged with a crime, any type of crime, you have the right to present your side of the issue to the Court and present evidence to support your case. You do not have to blindly accept a conviction of this charge.
This is why it is so important to speak with a Schaumburg DUI attorney from our office as soon as possible after your arrest so that you can begin gathering the information necessary to build a defense for these charges. While a dismissal of charges cannot be guaranteed by any attorney, having a lawyer represent your case gives you a much better chance to have the charges or penalties reduced or eliminated.
Schaumburg DUI Attorney Can Help You Win
A Schaumburg DUI attorney at our office will have several different areas that will be explored while building your defense. Based on the facts of your case, your lawyer may be able to defend your case using one or more of the following defense methods:
• Inaccurate Blood Alcohol Testing. Under Illinois state law, if your blood alcohol content (BAC) registers at .08 percent or higher you are considered legally drunk. Under certain circumstances a BAC of .05 or higher may also result in being charged for DUI based on your actions. Your attorney will review all aspects of your BAC test to verify that the equipment was working properly and has a record of being properly maintained. The qualifications of the person who administered the test will also be checked, and the chain-of-command will be verified of the test results to make sure that all results have been handled properly.
• Medical Conditions. Many people, including the police, do not realize that people who suffer from Gastrointestinal reflux disease or similar stomach acid problems often register as having BAC even when they have not been drinking. People who have undergone dental surgeries on that same day may also register higher for BAC because of medicines used by the dentist.
• Police Mistakes. Your attorney will carefully review all aspects of the arrest to ensure that your rights were not violated. This includes Miranda violations, paperwork issues, and conflicting evidence.
• Driving Experience. New drivers often may seem erratic on the road or swerve a little more often as they become accustomed to driving. Experience has much to do with how well you perform on the road. Newer drivers may not have been under the influence at all.
Of course, these are not the only defenses available to someone charged with a DUI. One of our Schaumburg DUI attorneys will build your defense based on the actual facts of your case.
Consequences Of A DUI Conviction
If you are convicted of a DUI, even if it is your first offense, you must be prepared to face the following legal and administrative consequences:
• A fine of up to $1,000
• A prison sentence of up to 180 days
• Suspension of your driver’s license for a period of no less than six months
• Mandatory community service
• Mandatory drug and alcohol rehabilitation classes
• Revocation of your vehicle registration
In addition to these criminal penalties, you will also face the following administrative penalties:
• Cost to reinstate your license after the suspension ends
• The cost to install, maintain, and remove an Ignition Interlock Device on your vehicle
• Additional insurance policies before you are allowed to drive
• Increase in the cost of your regular insurance premiums
• Cost for a drug and alcohol evaluation that will be required to get your license back
• Increased cost of transportation while you are unable to drive
In addition to these expenses, you may also experience other financial situations based on a DUI conviction.
There may also be social penalties for being convicted of a DUI. Many people do not consider this aspect of a conviction. Some of the problems you may face if convicted of a DUI in Schaumburg include:
• Difficulty finding a new job or getting a promotion based on a criminal conviction
• Difficulty renting an apartment
• Additional burden on family and friends as you depend on them for transportation
• Social stigma of being convicted of DUI
Because the penalties are so severe if you are convicted of a DUI, it is in your best interest to speak to a Schaumburg DUI attorney in our office as soon as possible after your arrest.
What To Do When You Are Arrested For DUI IN Schaumburg
If you are arrested for DUI in Schaumburg, there are several things that you should do to make the process easier for you in the long run.
• Cooperate with the police. The first thing that you want to remember is that cooperation with the police will always be in your best interest. Even if you believe that you are being wrongfully arrested and charged, even if the police seem more aggressive than necessary, and even if you are scared out of your mind, be cooperative. Your actions will reflect in the police report and it will reflect on your case. Your attorney can use your good behavior during this incidence to your benefit.
• Respectfully decline sobriety testing. Regardless of common belief, you are not required to submit to any type of field sobriety testing when you have been stopped by the police. Do not argue with the police officer, simply decline the test. Regardless of what you are told at the scene of the arrest, you cannot be forced to take any type of field sobriety tests.
• Stay quiet. One of the most important sentences of the Miranda Warning is that “Everything you say can and will be used against you in a Court of Law.” Refrain from giving out any more information than necessary to the police, the booking officer or anyone else involved in the arrest. Avoid talking about the arrest or anything prior to the arrest to anyone at the jail. Reveal only necessary information, name address and similar information, to protect your rights during your case.
• Call a Goldman and Associates Schaumburg DUI attorney. As soon as you are released from jail, call an attorney about the arrest. Delaying speaking to an attorney can cause you to forget important information or can lead to loss of important evidence. Speaking to an attorney in a timely manner will protect your rights and allow you to build a solid case.
If you or your loved one has been charged with DUI, you are encouraged to speak with one of our Schaumburg DUI attorneys at Goldman and Associates. Our legal professionals are available seven days a week to assist you with your legal needs. Protect your rights and call 773.484.3131 today.