Although numerous people are arrested for DUI in Chicago every year, a DUI charge is not always easy to beat. Individuals who are convicted of DUI may face serious consequences, including license suspension, jail time, and costly fines. Even a first-time offender may be subjected to the disastrous consequences of a DUI. The best way to beat a drunk driving charge is by obtaining the services of a skilled Chicago DUI lawyer. The Law Office of Goldman & Associates has successfully represented numerous clients plagued with the threat of a DUI conviction. We can help in any number of situations and advise you of your rights.
As experienced Chicago DUI Lawyers, we understand that DUI conviction can have life-altering consequences in the life of any individual. The severity of your DUI offense can play a significant role in the penalties you will receive. This is especially true if you are found guilty of vehicular homicide or had children in the car at the time the offense took place. However, even a first-time offender can suffer severe consequences as a result of driving under the influence. Because a DUI may still appear on your record even if you avoided jail time, it is important to have a Chicago DUI attorney who will fight for your rights.
It is fairly common to be fearful of a police report if you have been charged of DUI. However, it is important to understand that the details of a police DUI report are not definitive of whether or not you may be convicted for DUI. A knowledgeable DUI attorney with numerous years of experience will know how to properly defend you regardless of what a police report says. In fact, courts have questioned the credibility presented on several police reports. It has also been shown that police officers often lack the knowledge and training in administering breathalyzer and other sobriety tests. Therefore, it is in your best interest to seek the immediate legal help of a Chicago DUI attorney as soon as possible.
Call a top-rated Chicago DUI attorney today at: 847.215.2600 or 773.484.3131.
In Illinois, your license can be suspended for a DUI-related arrest where you fail (or fail to complete) a sobriety test, or when you refuse to take the sobriety test. The length of the suspension varies depending on the number of times you have previously been arrested for a DUI. A suspension means that you cannot legally drive for the period of time the suspension is in place, unless you have permission from the Illinois Secretary of State.
A first-time DUI offender who wishes to drive during the suspension period has to apply to the Secretary of State for a Monitoring Device Driver’s Permit (MDDP). A MDDP is a permit that allows a driver with a suspended license unlimited driving privileges despite the suspension. In order to qualify as a first-time DUI offender under the Illinois Vehicle Code (625 ILCS 5/11-500), and therefore qualify for a MDDP, a driver must not have:
A MDDP cannot be issued if the Secretary of State finds that:
Once approved for a MDDP, the driver has to pay a monthly administration fee of up to $30. Furthermore, an approved driver has 14 days from the day the MDDP is issued to have an ignition interlock device installed by a qualified provider. An ignition interlock device, sometimes referred to as a Breath Alcohol Ignition Interlock Device (BAIID), is a device that is attached to a car’s starter system. In order to start the car, a driver has to blow into the device and receive a Blood Alcohol Content (BAC) reading. The device measures a driver’s BAC, and if the content is above a certain point, the driver cannot start the car and will be required to retest after a short time. The approved level below which the driver can start the car and drive is programmed into the device by the Secretary of State. Tampering with an ignition interlock device is considered a violation of the MDDP program, which means you’ll need a dui attorney to help you.
In some cases, if a driver needs to drive a different car in the course of his or her employment, he or she can get permission from the Secretary of State to drive that car without installing an ignition interlock device. However, there are certain employees, such as school bus drivers, who cannot receive this accommodation.
If you do not have an MDDP, driving while on a suspended license is a class 4 felony.
If you were stopped for suspected DUI, contact Chicago criminal defense attorney Steven Goldman for aggressive DUI defense, and representation in administrative hearings for license reinstatement after suspension.
When a driver is arrested or stopped by the police on suspicion of driving under the influence of either drugs or alcohol, he or she risks having his or her license suspended or revoked. Illinois is an implied consent state when it comes to taking sobriety tests. This means that by driving on Illinois roads and highways, a driver is consenting to be tested for the presence of drugs or alcohol that may cause a driver to be arrested for a DUI. The driver can always refuse to be tested, and depending on the circumstances, the refusal can lead to a statutory summary suspension, or in some cases, summary revocation.
Unlike a statutory summary suspension, which is a temporary taking away of a driver’s license or driving privileges under Illinois statute 625 ILCS 5/1-204, a statutory summary revocation is a termination of a driver’s license or driving privileges under Illinois law 625 ILCS 5/1-197.6. Both suspension and revocations, as described here, are referred to as statutory and summary because they are immediate actions that happen automatically under the law. In most cases, there is no hearing before the suspension or the revocation, the hearings come after the suspension or revocation has already occurred.
A statutory summary suspension occurs when a driver either refuses to take, fails to complete, or fails a sobriety test. A statutory summary revocation can occur if a driver, who is involved in a car accident in which another person is injured or dies, refuses to submit to or fails to complete sobriety testing following the accident and an arrest for DUI. This summary revocation would happen even if the driver is charged with reckless homicide for the accident, and then subsequently acquitted. A driver may be granted a hearing up to 90 days after the suspension or revocation, in order to fight the loss of their license.
The only way a driver can reinstate a license after revocation is through a long and often expensive process. First, the driver has to be approved for reinstatement after an administrative hearing with the Secretary of State. If approved for reinstatement, the driver has to complete any required drug or alcohol evaluations, show proof of financial responsibility, and pay a reinstatement fee. The driver must also submit an Alcohol/Drug Evaluation Report, completed after his or her most recent DUI arrest. The report must include the driver’s entire drug or alcohol history, and be prepared by an agency licensed by the Division of Alcoholism and Substance Abuse (DASA). There may also be additional requirements based on specifics of the individual case. In addition, the driver cannot have pending traffic tickets at the time of the hearing, unless any pending ticket is the only cause of the current revocation the hearing is to address.
Having an experienced and zealous DUI defense attorney can make the difference in whether or not you are successful at a hearing to reinstate your license after either suspension or revocation. Contact Chicago DUI attorney Steven Goldman for a consultation on your case.
Under Illinois law, driving under the influence (DUI) begins with a suspicion of impaired driving by an officer. This often occurs through observation of a traffic violation or when responding to an automobile accident. A suspicion of intoxication may occur when an officer observes a driver’s behavior, physical appearance and demeanor. Generally, if an officer suspects a DUI has occurred the suspect will be asked to submit to a series of sobriety tests. Many individuals do not know that these can be refused.
If and when a driver is detained and charged with DUI, the accused is asked to take a breathalyzer test. This exam measures the blood alcohol content (BAC) and its results are admissible in a court of law. A person also has the right to refuse to take this examine. Should the BAC results be .08 or greater a DUI charge may proceed.
In general, a person detained for a DUI is released on bond and is given a court date. Additionally, notice is given that the accused’s driver’s license will be suspended within 46 days. If this is a first time DUI charge, the suspension will be for 6 months (if the BAC results were higher than the legal limit) or one year if the breathalyzer test was refused. If this is not a first time offense, the license suspension will be for one year (if the BAC results were above the legal limit) or three years if the breathalyzer test was refused. For these reasons, it is important to retain an aggressive Chicago DUI defense attorney if you or someone you know is facing these charges.
Within 90 days of arrest a driver charged with DUI can petition the court to retract the license suspension. This hearing must occur within 30 days of the filing. Unlike the DUI charges, the suspension of a driver’s license is a civil matter and, as such, it is the driver’s burden to prove improper police procedure.
First time offenders may apply for a Monitoring Device Driving Permit (MDDP) in order to begin driving again. If the court grants the MDDP, a device is installed in the driver’s vehicle that measures the driver’s BAC. All costs for this are incurred by the driver.
If you or someone you know has been charged with driving under the influence or any other traffic offense, contact a knowledgeable Chicago DUI defense attorney today. With vast experience in defending individuals charged with DUI, attorney Steven Goldman has used innovative methods in the courtroom. Call (773) 484-3131 today to schedule your initial consultation.
A conviction for a misdemeanor or felony DUI can lead to varying penalties, and can include jail time as well as high fines. In order to ensure the best outcome in your case, you need a skilled and zealous DUI defense attorney fighting for you. With a good attorney, you may be able to beat the DUI charge by challenging the facts leading to your arrest, the credibility of the officer, and even the accuracy of the tests used. The following are a few ways in which you can beat a DUI in Illinois.
In order for the police to pull you over and therefore administer a DUI test, they must either have probable cause, or at the very least reasonable suspicion. This means that they must have a valid reason that they can point to for stopping you; usually, this reason is a traffic offense such as weaving in traffic. If the officer who pulls you over cannot state a reason for the stop, or provides an inadequate reason, then there is no probable cause and any evidence from the stop cannot be used against you. Note that weaving inside your own lane of traffic is not illegal and the officer cannot use this as a basis for the stop.
If the arresting officer does not advise you of your Miranda rights after arresting you, any incriminating statements you make cannot be used against you in court.
In some cases, certain medical conditions can interfere with the Breathalyzer test used to check the blood alcohol content (BAC). Conditions such as hypoglycemia, which can cause acetone in the driver’s breath, can cause falsely high BAC readings. A person suffering from hypoglycemia may exhibit other symptoms such as dizziness or confusion that can cause an officer to think they are intoxicated.
If you have dentures or other dental work that may trap alcohol, the results of your Breathalyzer test may be affected. As would be the case if you belched and the officer did not give you another test after waiting for some time. Additionally, the Breathalyzer used to conduct the test may have been faulty and incorrectly calibrated, or used incorrectly by the officer administering the test, leading to false results.
You can argue that since blood alcohol levels keep rising after your initial consumption of alcohol, your BAC levels were higher at the time you took the test than at the time you were actually driving. This argument works better if the police do not immediately test you upon being pulled over on suspicion of DUI.
You could argue that the area where you were pulled over affected how you were driving, for example if the terrain was rough, or there was a bend in the road. Similarly, you can challenge the weather conditions at the time of the stop.
If the officer who pulled you over is inconsistent in his testimony, saying something at trial that is different from what he said before regarding the initial stop, you can challenge his testimony. In addition, if the officer has any prior disciplinary problems, you may be able to use those to challenge his credibility.
If you have been arrested on DUI charges, you should contact DUI defense attorney Steven Goldman immediately for a consultation on your case. Do not plead guilty without speaking to an attorney first. Depending on the circumstances of your arrest, you may be able to successfully beat the charges.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Learn more about DUI by reading this wikipedia page.