DUI Lawyer Chicago

DUI Charges in Chicago, IL

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First time charged with a DUI in Chicago, IL?

Being charged and convicted for driving under the influence can have crippling effects on your driving privileges. That is why being represented by a Chicago DUI attorney who knows and understands the laws surrounding DUI charges is extremely important. DUI attorney Nate Bernard is a former prosecutor and has tried hundreds of DUI cases, so he knows what the State needs to prove to find you guilty. Depending on the circumstances of your case, the State might have a difficult time finding you guilty. You need a law firm who understands these difficulties and will exploit them at a trial or hearing.

The process of fighting a DUI case is intricate and requires a careful assessment of all aspects of a particular case. This assessment starts with the suspension of your driver’s license. Being simply charged with DUI, whether your guilty or not guilty, will lead to the suspension of your driver’s license. However, there are ways to challenge the suspension at a hearing saving months, sometimes years, of your driving privileges. Next, we assess how law enforcement became involved in the DUI investigation and arrest in the first place. Were you pulled over for not using a turn signal, speeding, swerving? Were you involved in a car accident? All of these factors can make or break a DUI case. In some instances, if law enforcement did not have a reason to pull you over in the first place or lacked reason to believe you were driving under the influence of alcohol, a DUI case could be thrown out. At Bernard Law, PC, we will assess your case from beginning to end and reach the best possible result in your case.

Learn more about second, third, fourth, fifth, sixth, and seventh DUI charges.

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Overview of Driving Under the Influence in Chicago, IL 

  • Being arrested for Driving under the Influence of Alcohol for the first time can be very…sobering. Your driving privileges are on the line, your criminal record is in jeopardy, your reputation is now in limelight. With all of these moving, complex issues you may feel lost in the weeds. At Bernard Law, we ensure that our clients understand every step of the process including how we will prevent a suspension of their driving privileges ever taking effect. The criminal justice system is face-paced and can be confusing. It’s important to have an attorney who isn’t just knowledgeable about DUI law, but also has your best interests in mind.

    Driving Under the Influence of Alcohol is a Class A misdemeanor punishable up to 1 year in jail, a fine of up to $2,500 or a combination of the two conditions. It is extremely rare that a first-time offender would be sentenced to a period of jail. Since it is a misdemeanor, the law requires you to be represented by a chicago dui lawyer .

    Here’s How the Process Works:

    • First Court Date

      • The judge will want to see that you are represented by an attorney as it is required by law. The judge will likely explain that you’re charged with DUI and what the possible conquences that could be imposed. This is called an arraignment.

    • The suspension of your driving privileges is addressed

      • At Bernard Law, we request to challenge every statutory summary suspension. Whether we are successful or not will depend on the facts, circumstances, and the law.

    • The request for video and reports

      • After the first court date, the prosecutors are required by law to give a defendant anything that will be used a trial. This includes reports, video, witness statements, hospital records, or anything else related to your case. This is called “discovery.”

    • The assessment of the facts and circumstances of a case.

      • After the discovery is received, a determination is made whether to go to trial and fight the case, or begin negotiations with the prosecutor.

    • Trial or Negociated Plea

      • After making the determination whether a trial or a negotiated plea would be in the best interest of a person charged, a trial or a negociated plea will take place.

        • Trial - at a trial, the arresting officer or officers will testify about what he or she observed and the events that took place following the arrest. A judge or jury will determine if a person is guilty or not guilty based on the evidence presented at trial.

        • Negociated Plea - after speaking to the prosecutors an agreement will be reached on what conditions a person will have to complete as part of the plea. Our goal is to preserve your driving privileges and your criminal history.

  • Illinois treats repeat offenders for driving under the influence of alcohol very seriously. For starters, if a person is found guilty or pleads guilty to a second offense of driving under the influence of alcohol they are not eligible for “court supervision.” What does this mean? It means that a person will face a mandatory criminal conviction for driving under the influence of alcohol. As a result of a conviction for DUI, a person’s driving privileges will become revoked. Additionally, assuming the second arrest for DUI happened within 5 years of the first arrest for DUI, a person’s license will be suspended for one year even if they submitted to a breathalyzer.

  • A DUI case can become a felony when there are aggravating circumstances that are present in the DUI case. Being charged with DUI for a third or subsequent time can allow the State to charge you with a Class 2 Felony. A person found guilty of a Class 2 felony may be sentenced to prison for a minimum of 3 years up to 7 years in the Illinois Department of Corrections. In addition, a person can be charged with Aggravated Driving Under the Influence if there are “aggravated circumstances” in pa particular DUI case. For example, in the worst-case scenario, if a person caused the death of another person as a result of driving under the influence, not only will the individual be charged with a felony, they will likely face a significant amount of prison time if they are found guilty. In many situations, the status of a person’s driver’s license can result in a felony charge. For example, if a person’s driver’s license is suspended and they are driving under the influence of alcohol, they will likely be charged with a felony. If you are charged with a felony for driving under the influence of alcohol, finding an experienced Chicago dui lawyer is imperative.

  • Can I be charged with DUI if I was caught sleeping in my car? Can I be charged with DUI if I wasn’t actually driving? These are very common questions we are asked from our clients when they have been arrested for DUI. It is a common misconception that if you are asleep in a vehicle and not driving, you can’t be charged with DUI. In fact, Illinois law states that if you are in “actual physical control” of a car and under the influence of drugs or alcohol, you can be charged with DUI. What does this mean? It means that even if the car is off, parked, and not in motion, you can be charged with DUI. As long as you are capable of operating the vehicle and you are under the influence of alcohol, an officer can charge you with DUI. In many scenarios, an officer may have a tough time collecting evidence of impairment when a person has not been observed driving the vehicle. Additionally, the officers initial encounter with the individual can present problems and compromise the entire case. Call our firm to discuss your options.

  • If you are involved in a car accident and an officer has probable cause to believe you are under the influence, you can be charged with DUI. In many cases, if a person is hospitalized due to injuries, an officer will accompany that individual all the way to the hospital to continue their investigation. During treatment, it is very typical for a nurse or doctor to conduct a blood draw of that injured individual. If a blood draw is conducted, in most cases the officer will learn whether there is a presence of alcohol, drugs, or intoxicating compounds. That person can then be charged with DUI even when the officer did not observe poor driving or other typical factors of a DUI. Our firm has handled many cases involving car accidents and secured wins.

  • In the State of Illinois if you are charged with Driving Under the Influence of Alcohol, the law permits the State to suspend your license for a given period of time based on various scenarios. The most common scenario is whether or not you submitted to a breathalyzer machine. If you submit to a breathalyzer machine, your license will typically be suspended for six months. If you refuse a breathalyzer machine, your license will be suspended for one year. There are ways to avoid a suspension entirely. In every DUI case, we look at every possible way to challenge the basis of the suspension. Call Bernard Law to get a free consultation and to discuss your options.

  • In most DUI investigations, a police officer will request a person to submit to field sobriety tests. These tests are used to determine whether or not a person is impaired by or has consumed drugs or alcohol. These tests include the Horizontal Gaze Nystagmus test (also known as the “eye” test), the Walk and Turn test, and the One-Legged Stand test. During a DUI investigation, officers will make certain observations to determine how reasonably a person performs on these tests. In most cases, an officer has already made the decision based on other factors that a person is under the influence. Completing the tests will only add to the factors that an officer will use to determine whether you consumed drugs or alcohol and whether you are under the influence. You are never required to complete these tests and you should always refuse to complete these tests. No performance is better than poor performance.

  • Evidence of alcohol and drug consumption could be found in a person’s breath, blood, and urine. After an officer has arrested a person for driving under the influence, they are trained to collect chemical testing to determine a person’s sobriety. If in fact a person does submit to testing, there may still be ways to fight the case. For example, if the officer did not follow the proper procedure in obtaining a breath sample, the entire case may be compromised. If an officer stopped an individual for an improper reason, that too can compromise the entire case. Call our firm to discuss the facts in your case.

  • In most municipalities, being arrested for driving under the influence of alcohol subjects a person to administrative penalties separate from a criminal charge. At times a person must pay a substantial fine in order for the municipality to release their vehicle. There are ways to challenge the vehicle forfeiture and request an administrative hearing to avoid hefty fines. Call our firm to discuss your options.

  • In Illinois, the law imposed a zero-tolerance rule. If a driver under age 21 is stopped and issued a citation for a traffic violation and is found to have any trace of alcohol in their system while operating a motor vehicle, his or her driving privileges will be suspended. If the driver refuses to submit to testing, their driving privileges will be suspended. In short, even if an under-21 driver has below a .08 blood alcohol level, they can still be charged with driving under the influence of alcohol.

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Common DUI Offenses in Illinois

  • When a person is charged with this type of DUI, an officer makes an opinion that a person is under the influence of alcohol based on a variety of factors. These factors include the officer's or witness' observations of a person driving (swerving, inability to properly brake, inability to use turn signals, asleep at the wheel, etc.), the smell of alcohol on a person's breath, any admissions the person was drinking alcohol prior to the stop, and performance on standardized field sobriety tests. This type of DUI sometimes presents problems for the State. It may be true that a person was drinking alcohol prior to driving, but without knowing that person's blood alcohol concentration, it makes it difficult for the State to prove beyond a reasonable doubt that the person was driving under the influence of alcohol.

  • If a person is charged with this type of DUI, all the State needs to prove is that a person was driving or was in "actual physical control of a motor vehicle," and that their blood alcohol concentration was .08 or higher. Even with this easy task, the State is still presented with possible issues. For example, if a person did not consent to a blood draw, if a person was not given the opportunity decline the breathalyzer test, or if the officer did not first have reasonable grounds to believe a person was under the influence in the first place can all be mechanisms used in a successful defense.

  • Like alcohol, if the presence of cannabis is determined to render a person from driving safely, they can be charged with DUI. In this situation an officer may smell the presence of cannabis during a traffic stop and have reasonable grounds to believe the person may be driving under the influence. There are also mechanisms that can also be used to create a good defense in this situation.

  • If an individual is under the influence of any drug, including prescription medication, he or she can be charged with DUI if the drug renders them unable to drive a motor vehicle safely. Many people are under the impression that if the medication is prescribed, they cannot be charged with DUI. Some medications can drastically alter your ability to drive safely. The same standard to determine if a person is under the influence of alcohol is used in a DUI drug case. Just because a person has consumed a drug, does not make them guilty of DUI. It must be proven that the drug has rendered their ability to drive safely. This is determined though a drug recognition expert, performance on standardized field sobriety tests, and other factors the State will use.

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Most Common DUI Charges in Chicago, IL

There are seven types of Driving Under the Influence charges in the state of Illinois. The most common types are:

1. A person driving under the influence of alcohol evident by only the observations made by a police officer or a witness.   

When a person is charged with this type of DUI, an officer makes an opinion that a person is under the influence of alcohol based on a variety of factors. These factors include the officer's or witness' observations of a person driving (swerving, inability to properly brake, inability to use turn signals, asleep at the wheel, etc.), the smell of alcohol on a person's breath, any admissions the person was drinking alcohol prior to the stop, and performance on standardized field sobriety tests. This type of DUI sometimes presents problems for the State. It may be true that a person was drinking alcohol prior to driving but without knowing that person's blood alcohol concentration, it makes it difficult for the State to prove beyond a reasonable doubt that the person was driving under the influence of alcohol.

2. A person driving under the influence of alcohol evident by the results of a breathalyzer test and/or blood tests showing a blood alcohol concentration of .08 or more.

If a person is charged with this type of DUI, all the State needs to prove is that a person was driving or was in "actual physical control of a motor vehicle," and that their blood alcohol concentration was .08 or higher. Even with this easy task, the State is still presented with possible issues. For example, if a person did not consent to a blood draw, if a person was not given the opportunity decline the breathalyzer test, or if the officer did not first have reasonable grounds to believe a person was under the influence in the first place can all be mechanisms used in a successful defense.

3. A person driving under the influence of cannabis, evident by observations made by a police officer and/or the results of a blood or urine test showing the presence of THC.

Like alcohol, if the presence of cannabis is found in a person's body they can be charged with DUI. In this situation an officer may smell the presence of cannabis during a traffic stop and have reasonable grounds to believe the person may be driving under the influence. There are also mechanisms that can also be used to create a good defense in this situation.

It is extremely important that you contact an chicago drunk driver attorneys as soon as you have been released from custody for DUI. There are mechanisms that can be used to get you your license back after it has been suspended for DUI, but time is of the essence. As important as your license is to you, it is just as important that you go with a law firm that will fight and get the results you deserve.

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DUI Based Suspensions in Chicago, IL

If your license is revoked or suspended as a result of a DUI, the State of Illinois requires mandatory conditions as a result of a finding of guilty or a plea of guilty. It does not matter how long ago you were charged with the DUI. As long as the status of your license was suspended due to the prior or current DUI, you can be charged with this offense. Driving on a suspended or revoked driver’s license can be charged as a misdemeanor or a felony, leading to possible jail time. For a first-time offense, the law imposes a mandatory 10-day jail sentence or 30 days community service (equals 240 hours). For a second offense, the law imposes a mandatory 30-day jail sentence or 300 hours community service. In addition, you could be charged with a felony offense for a second or subsequent offense for driving on a suspended license. 

Financial Based Suspensions in Chicago

If you fail to pay court assessments and fees for traffic violations, the Secretary of State can suspend your driver’s license. In many cases, if you are able to pay off any outstanding tickets, the State may dismiss the case entirely. 

Miscellaneous Suspensions in Chicago, Illinois

Failing to appear for a traffic case can result in a suspension of your driving privileges as well as a warrant for your arrest. It is imperative to rectify the missed court date and clear your suspension. In many cases, as long as you are able to clear your suspension, the State may dismiss the offense. Failure to pay child support can lead to suspension of your driver’s license. There are ways to negotiate with the Illinois Department of Healthcare and Family Services so that they lift the suspension in exchange for a promise to pay or payment installments. 

Being charged and convicted of driving under the influence can have crippling effects on your privileges to drive in Illinois. That’s why having a Chicago DUI lawyer who knows and understands the law surrounding DUI charges is of the utmost importance. Attorney Nate Bernard is a former prosecutor and has tried hundreds of DUI cases. He understands what evidence the State needs to prove to find you guilty. Depending on the circumstances of your case, the State might have a difficult time finding you guilty. Attorney Nate Bernard understands the difficulties and will provide the defense needed to take advantage of them and win your case. 

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Challenging a DUI Charge 

While a DUI charge is serious, it is important to remember that the prosecution must prove your guilt beyond a reasonable doubt. There are multiple ways to challenge the evidence in DUI cases, and a skilled Chicago DUI lawyer will be able to explore these avenues to build a strong defense. 

Challenging the Traffic Stop 

One of the first steps in defending against a DUI charge is examining the circumstances surrounding the initial traffic stop. Law enforcement must have a valid reason, or "reasonable suspicion," to pull you over. If the stop was conducted without proper justification, the evidence collected during the stop, such as field sobriety or breathalyzer test results, may be inadmissible in court. A DUI attorney in Chicago, IL will carefully review the officer’s actions to determine if your rights were violated. 

Questioning the Field Sobriety Tests 

Field sobriety tests, such as the walk-and-turn or one-leg stand, are commonly used by police officers to determine impairment. However, these tests are often subjective and can be influenced by factors other than intoxication, such as poor weather conditions, uneven road surfaces, or even medical conditions. DUI lawyers in Chicago, IL can challenge the validity of these tests and argue that they do not accurately reflect your level of impairment. 

Contesting Breathalyzer or Blood Test Results 

Breathalyzer and blood tests are often key pieces of evidence in DUI cases, but they are not infallible. Breathalyzer machines must be properly maintained and calibrated to provide accurate results. If the device was not correctly maintained, or if the officer administering the test did not follow proper procedures, the test results may be unreliable. A Chicago DUI defense attorney can request maintenance records for the breathalyzer machine and cross-examine the officer about the testing process to identify any errors that could weaken the prosecution's case.  

Investigating Medical Conditions 

Certain medical conditions, such as acid reflux or diabetes, can cause false positives in breathalyzer tests. If you have a medical condition that may have affected the results, your DUI lawyer in Chicago can work with medical professionals to present this information as part of your defense. This can help cast doubt on the accuracy of the evidence against you. 

Proving Lack of Impairment 

Another option for challenging a DUI charge is arguing that, despite the presence of alcohol or drugs in your system, you were not impaired to the point of being unable to operate a vehicle safely. Your attorney can introduce evidence of your driving behavior, such as dashcam footage, that shows you were in control of your vehicle and not driving erratically. This can help refute the claim that you were too impaired to drive. 

How A DUI Lawyer Chicago Can Help 

Fighting a DUI charge on your own can be incredibly challenging, as the legal process is complex and the consequences are high. Having a skilled Chicago DUI lawyer on your side can make a significant difference in the outcome of your case. Bernard Law is proud to be among the best DUI lawyers in Chicago, IL, known for our dedication to protecting the rights of clients facing DUI charges. With our extensive knowledge of Illinois DUI laws and years of navigating the complexities of the legal system, we are here to help you every step of the way. Our team will work tirelessly to investigate the details of your case, challenge any inconsistencies, and build a strong defense tailored to your unique situation. If you're facing a DUI charge, here’s how Bernard Law can help. 

Understanding Local Laws and Court Systems 

DUI laws in Illinois are strict, and the penalties for a DUI criminal offense can include fines, jail time, and license suspension. The best DUI lawyer Chicago, IL have a thorough understanding of Illinois DUI laws and the local court system. They know how to navigate the legal process and have relationships with local judges and prosecutors, which can help in negotiating plea deals or reduced sentences. 

Building a Strong Defense 

A skilled Chicago DUI lawyer will carefully investigate your case, reviewing all the evidence against you to identify weaknesses in the prosecution’s case. Whether it’s questioning the legality of the traffic stop, challenging the accuracy of sobriety tests, or bringing in witnesses, your attorney will use every available defense strategy to fight for the best possible outcome. 

Negotiating with Prosecutors 

In some cases, negotiating a plea bargain with the prosecution may be the best option. A Chicago drunk driving lawyer can negotiate on your behalf to reduce the charges or penalties you face, such as avoiding jail time or reducing the length of a license suspension. A capable attorney will know when it makes sense to negotiate and when to fight the charges in court. 

Representing You in Court 

If your case goes to trial, having a DUI attorney in Chicago, IL represent you is crucial. Your lawyer will present your defense, cross-examine witnesses, and challenge the prosecution’s evidence to raise doubts about your guilt. The goal is to secure a favorable verdict, whether that’s a dismissal of charges, an acquittal, or reduced penalties. 

Protecting Your Future 

A DUI conviction can have long-lasting effects on your personal and professional life, including increased insurance premiums, difficulty finding employment, and a permanent criminal record. By working with the best DUI lawyer in Chicago, IL, you can protect your future by minimizing or eliminating the impact of a DUI charge. At Bernard Law, our team of Chicago drunk driving lawyers is dedicated to providing aggressive, knowledgeable defense for clients facing DUI charges. Contact us today to discuss your case and explore your legal options. 

Understanding the Financial Impact of a DUI  

A DUI conviction comes with a host of financial burdens that extend far beyond simple fines. An astute Chicago DUI lawyer will help you understand these costs and work to mitigate them. Court fees, which can run into the hundreds of dollars, are just the beginning. You may also face mandatory fines that vary depending on the severity of the offense and any aggravating factors. For instance, a first-time DUI with a high blood alcohol concentration (BAC) can trigger an additional fine and community service. These financial penalties escalate with each subsequent offense, often reaching into the thousands of dollars. 

Beyond court-imposed fines, there are other significant expenses to consider. The mandatory alcohol and drug evaluation can cost several hundred dollars, and any subsequent treatment or education programs can add thousands more. The cost of a Breath Alcohol Ignition Interlock Device (BAIID), which is often required for a restricted driving permit, includes installation fees, monthly rental charges, and calibration costs. These devices can cost a few hundred dollars to install and more than $100 per month to maintain. Additionally, an individual convicted of a DUI in Illinois will likely be required to file an SR-22 form, which is proof of financial responsibility. This can cause a dramatic increase in car insurance premiums, sometimes doubling or tripling the cost for several years. A DUI attorney in Chicago, IL can help you navigate these costs and may be able to negotiate a plea that reduces the financial impact. 

DUI and Your Driver’s License  

The legal repercussions of a DUI are twofold: criminal and administrative. While the criminal case is handled in court, the administrative process, which affects your driver’s license, is managed by the Illinois Secretary of State. A statutory summary suspension takes effect 46 days after a DUI arrest if you fail a chemical test or refuse to submit to one. For a first offense, this suspension lasts six months for a failed test and one year for a refusal. These suspensions are separate from any penalties imposed by the court for a DUI conviction. It is crucial to have a Chicago DUI defense attorney who can challenge this suspension at a summary suspension hearing. A successful challenge can save your driving privileges while your criminal case is pending. 

If your license is revoked after a DUI conviction, the process to regain it is more involved. The length of the revocation period is determined by the number of prior offenses, and in some cases, can be for life. To seek reinstatement, you must attend a formal or informal hearing with the Illinois Secretary of State, complete a substance abuse evaluation and any recommended treatment, and provide proof of an alcohol education program. Our firm provides guidance throughout this process. A Chicago DUI lawyer can prepare you for the hearing, assist with gathering the necessary documentation, and represent you to show that you are no longer a risk to public safety. This representation is vital, as a denial can result in a waiting period before you can reapply. 

 Frequently Asked Questions: DUI

  • A DUI stands for "Driving Under the Influence," which refers to operating a vehicle while impaired by alcohol or drugs.

  • In most jurisdictions, the legal BAC limit for drivers is 0.08%. However, it may be lower for certain groups, such as drivers under 21 years of age or commercial drivers.

  • Yes, a DUI charge can apply to both alcohol and drug impairment. It is illegal to operate a vehicle while under the influence of any substance that impairs your ability to drive safely.

  • Penalties for a DUI conviction vary depending on factors such as your BAC level, prior convictions, and jurisdiction. They can include fines, license revocation/suspension, mandatory DUI education programs, probation, community service, and even imprisonment.

  • Yes, it is not mandatory that a person submit to a breath test or chemical testing. In fact, refusing all chemical testing will be in your best interests. However, refusing such tests can lead to automatic license suspension or other penalties. It's important to understand the laws in your specific area.

  • It is highly recommended to seek legal representation if you're charged with a DUI. Drunk driving lawyers in Chicago, IL can guide you through the legal process, protect your rights, and help build a strong defense strategy.

  • Yes, a DUI conviction typically appears on your criminal record and can have long-term consequences, including impacting employment opportunities and insurance rates.

  • Yes, you have the right to challenge a DUI charge. Possible defenses can include challenging the legality of the traffic stop, disputing the accuracy of BAC tests, or questioning the reliability of field sobriety tests.

  • A DUI conviction will be a permanent conviction on your driving record. A conviction for DUI can affect your insurance rates and driving privileges.

  • A DUI conviction cannot be expunged from your record. However, if you under the age of 25 and your DUI charge has been amended or changed to “Reckless Driving,” the case may be able to be expunged. Consulting with a chicago dui lawyer can provide you with the most accurate information based on your specific situation.

  • The legal system is intimidating, and facing a DUI charge without a capable ally can be overwhelming. Bernard Law is committed to being that ally for our clients. We offer a comprehensive approach, from the moment you are released from custody to the final resolution of your case. Our thorough investigation begins with scrutinizing the police report, officer's dashcam and bodycam footage, and the maintenance records of any testing equipment. We look for every possible weakness in the prosecution's case, whether it's an illegal traffic stop, improperly administered field sobriety tests, or a faulty breathalyzer reading. 

    We recognize that every case is unique, and we tailor our defense strategy to your individual circumstances. Whether that means negotiating for a reduced charge, seeking a dismissal, or fighting your case at trial, we are prepared to do what it takes to protect your rights. Our focus is not just on the immediate outcome but on safeguarding your future, including your driving privileges and criminal record. A Chicago DUI defense attorney from our firm will provide the support and advocacy you need during this difficult time. Contact Bernard Law today for a consultation to discuss your situation and learn how we can help you move forward.

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