DUI Charges 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 an attorney.

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 DUI attorney 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.