A DUI is a bad situation to find yourself in if you get caught. It is an irresponsible thing to do, but sometimes you may be able to reduce the charges or get out of the punishment if there are circumstances that the law enforcement officer failed to carry out. There are other things a DUI attorney will look into to see if they can get their client off of the hook.
DUI’s are strict and carry a heavy sentence and multiple fines. Too many people have been killed on the highways, and the laws in every state vary. The only way to know what you can do to get out of the situation of a DUI is to speak with an attorney who can walk you through the process. In many cases, it is your only chance.
What Is A DUI?
Driving under the influence, or driving while impaired, is a serious traffic violation that puts many lives at risk. Many people have had their vehicles impounded after being caught driving under the influence of alcohol or drugs. The penalties for being convicted of drunk driving in Illinois will affect your life forever. In some cases, if you are found guilty of DUI, you could even go to prison. In certain states. It’s known as OUI (operating under the influence) but works on similar principles. Driving with a blood alcohol concentration (BAC) level above the legal limit or while impaired by drugs or alcohol can lead to a DUI conviction in Woodridge, IL.
A DUI is defined as being found guilty of driving under the influence of drugs or alcohol. The penalties for a DUI will vary depending on if this is your first offense or your second or greater offense. For a first-time offender, you can expect five days to one year in jail, fines from $500-$2,500, and probation up to 2 years. For a second offense within ten years, you could go to jail for 30 days-6 months and be fined from $600-$2,500. You may also face 3-7 years of license suspension when charged with drunk driving in Illinois.
A DUI Attorney Is Your Best Bet
If you face charges for drunk driving in Illinois, you may want to contact a lawyer. A DUI lawyer can offer legal advice on your case and possibly help reduce the penalties you face if convicted of driving under the influence.
The first thing a DUI lawyer will do is determine whether the police have the legal authority to collect evidence, such as pulling you over or giving you field sobriety tests. The attorney may hire an expert witness to review video footage if it exists, and then the attorney can decide if they have enough evidence for your case.
If there were no reason to stop you, this would be considered an illegal traffic stop. An attorney could file a motion with the court arguing that any incriminating evidence should not be admitted into court because it was gathered illegally by law enforcement officers. If this is successful, your charges may be dropped entirely.
What Are Some Other Possible Defenses?
The arresting officer must prove their case against you “beyond a reasonable doubt.” This means you cannot be convicted unless the evidence presented in court is so strong that there can be no other logical explanation except that you were guilty. Your attorney could try to find inconsistencies in an officer’s testimony and their observation and documentation of your actions. For example, suppose an officer claims they noticed a particular smell after pulling you over but fails to mention anything about it when giving details of the incident at your arrest or any previous encounters with you. In that case, the defense’s case becomes stronger.
How Will An Attorney Defend Me?
If your DUI charge goes to trial, things will become more technical. The state must prove beyond a reasonable doubt that you had been drinking before driving, while driving, or within a few hours of driving. The only way the state can do this is to use chemical tests or documentation by a police officer who observed your behavior.
Your attorney may try to attack the evidence presented against you through cross-examination. For example, if an officer claims to have seen you swerving while driving, your attorney could ask what else the officer was doing at that time besides observing you. If there isn’t an answer to that question, it weakens their case and strengthens the defense’s case. Your lawyer will also try to convince the court that no reasonable person would have been intoxicated, considering how much they drank before getting behind the wheel of a vehicle. This argument is most effective with BAC readings of .14% or greater (or implied consent refusal at high BAC levels). If the state fails to prove their case, you should not be convicted.
Communication Is Critical
As with any drunk driving charge in Illinois, working with an experienced DUI lawyer is crucial if you face these charges. A conviction could lead to jail time along with fines and license suspension, negatively impacting your life. Without a DUI Illinois attorney, your court-appointed attorney might agree to terms given by the prosecutor that are beneficial for them but do not serve you or take into account extenuating circumstances that exist and may help explain the situation or assign partial or complete blame elsewhere (for example: on another driver). There may be something the attorney can use to present your case to the court.