Chicago DUI Defense Attorney
Have you been arrested for DUI?
Each year, hundreds of thousands of people across America are arrested and charged with driving under the influence of alcohol or drugs. In most situations, it is illegal to operate a car, boat, plane, or other type or motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. For individuals under the age of 21, the legal BAC limit is often .02%, although some states, including Illinois, have enacted zero tolerance laws. Commercial truck drivers are also subject to lower BAC limits; they may not lawfully operate a vehicle with a BAC of .04% or above. At Fagan, Fagan & Davis, our Chicago DUI defense attorneys have the experience, conviction, and knowledge that you need if you have been charged with driving under the influence. We offer information about the following topics:
Breath & Blood Tests
A breath test, also known as a breathalyzer test, is administered after an individual is pulled over for suspected drunk driving. A law enforcement officer will instruct the driver to blow into the breathalyzer device which will allow them to measure the blood alcohol levels. Another way to measure blood alcohol content (BAC) is through chemical analysis in a blood test. Read more on breath and blood tests.
Chicago DUI Lawyer
To find out about the DUI penalties and processes you will have to go through, it is best to seek counsel from a DUI attorney. These cases can be complicated and confusing, so having a legal professional who is experienced in DUI cases is a great advantage. A Chicago DUI attorney from our firm will do their utmost to see your charges are reduced or even dropped. To learn more, see Chicago DUI lawyer.
Consequences of a DUI
There are more consequences to a DUI conviction than just the sentence given by the judge. By missing work, it could cost you your job and make it difficult to find new employment. A DUI conviction will permanently remain on your record and car insurance premiums will soar. To further information, read more on consequences of a DUI.
Drugs & DUI
Drunk driving is not the only way to be convicted of DUI. If you are found to have drugs, legal or illegal, in your system, you could be facing serious consequences. If prescription medications and over-the-counter medications allegedly impaired your driving, you could be spending time in jail. Read more on drugs & DUI.
DUI Arrests in Chicago
It is important to know what to expect when you are pulled over for suspected drunk driving. After the initial police stop, the law enforcement officer will ask to see your car information and I.D. You may be asked to perform a field sobriety test or you may be asked to blow into a breathalyzer. For additional information regarding this procedure, read more on DUI arrests in Chicago.
DUI Overview
A Chicago DUI attorney from Fagan, Fagan, & Davis can provide you with all the information you need regarding your DUI case. A blood alcohol concentration level of 0.08% is enough to get you sent to jail. Not only that, but impaired driving due to legal or illegal drugs could also constitute DUI. To learn more about DUI, see DUI overview.
DUI Penalties
When you are up against a possible DUI conviction, you need to be aware of the penalties. You could be facing fines of up to $2,500 and a year in jail. Your driver's license could be revoked for at least a year and you could have to attend a DUI school. Community service and interlock ignition devices are just some of the inconveniences you could have to deal with. Read more concerning DUI penalties.
DUI Lawyer Videos
If you would like to learn more regarding your DUI, the attorneys at Fagan, Fagan, & Davis are here to help you. Our team has created some informative videos regarding the DUI process, how to choose an attorney, and the facts regarding driver's license suspension. See more on DUI lawyer videos.
Elements of a DUI Case
You could be arrested for DUI if you have been drunk driving or driving under the influence of drugs. If your blood alcohol concentration is 0.08% or above at the time of driving, you could facing jail time and restricted driving privileges. To learn more, read elements of a DUI case.
Field Sobriety Tests
Field sobriety tests are one of the primary ways a law enforcement officer will attempt to ascertain whether an individual is under the influence of alcohol. These tests include the walk and turn, the one leg stand, and the horizontal gaze nystagmus test. Read more on field sobriety tests here.
Implied Consent & DUI
If you refuse to undergo a chemical blood analysis after being suspected of DUI, you could face harsh consequences. Under the implied consent laws in Illinois, you could have your driver's license suspended for at least six months. For more information, read implied consent & DUI.
Out of State Drivers
If you have been charged with DUI in Illinois, but are from another state, your situation could not be more serious. You could be facing penalties from Illinois as well as from your home state. Under the Interstate Driver's License Compact, the states have an agreement to share information regarding driving offenses. Read more on out of state drivers.
Plea Bargain vs. Trial in a DUI Case
A plea bargain involves the defendant pleading guilty before the case goes to trial. If you think you could be proven not guilty, you can take your case to trial in an attempt to have your record cleared. A knowledgeable Chicago DUI attorney from our firm can review your case and determine which option would be best for you. Read more on plea bargain vs. trial in a DUI case.
Prior DUI Convictions
The penalties for driving under the influence can be very harsh, but if you have already been convicted of a previous DUI, your consequences will be more serious. After a second conviction, your DUI will be classified as a felony and you could spend up to thirty years in prison. Read more on prior DUI convictions.
Summary Suspension
If you have been charged for DUI, the law enforcement officer probably took your driver's license away at the time of the arrest. Following this, you will be given a "Notice of Summary Suspension." If you have failed a breath or blood test, you will most likely face a statutory summary suspension. Read more on summary suspension.
Suspended Licenses & DUI
When a driver fails a breath, blood, or urine test, their license could be suspended for at least six months. If it is a multiple offense, you could lose your license for one to five years. If you want to fight your driver's license suspension, you could file a petition for a hearing within ninety days. An experienced attorney from our firm could fight to help you get your license back. Read more on suspended licenses & DUI.
Unlawful Police Stop
Police officers must have probable cause in order to pull someone over. If you feel as though were pulled over illegally, any case against you could be dropped. Following are some of the reasons you could be pulled over: braking erratically, swerving, driving too slow, or ignoring traffic signals. Read more on unlawful police stops.
Why Fight Your DUI?
If you have been charged with DUI, your situation is not hopeless. Rather than giving in, you could fight your DUI with the help of a skilled Chicago DUI attorney from our firm. If you were treated unfairly during the DUI process or you believe there was a mistake in your breath or blood test, you could have your case dropped. To learn more, click why fight your DUI?
Contact a Chicago DUI lawyer today!
Dealing with the criminal justice system is often a trying and frightening experience for people. No one expects to find himself or herself in this position, and very few are prepared to handle the situation. With the assistance of an accomplished DUI attorney from our firm, however, you can rest assured that your case is in capable hands. This is not a crime that is taken lightly. Per state law, should an offender be caught drinking and driving for the first time, they will be facing penalties that include a minimum of a one year driver's license suspension, as well as incarceration for up to a year and a monetary fine of $2,500. Penalties will grow in severity from there should a defendant have prior convictions. A third offense, for example, is considered to be a Class 2 felony, and carries the following consequences:
- Loss of driving privileges for ten years;
- Eighteen to thirty month periodic imprisonment;
- Possibility imprisonment for seven years; and
- Monetary fine of $25,000
These are not penalties that are to be taken lightly and should not be something that are shrugged or ignored. For this reason, should you be arrested for a DUI, it is highly encouraged that you do not hesitate to seek aggressive DUI defense that you can fully rely upon. We are aware that a criminal conviction can be devastating, personally, professionally, and financially. We are also aware that in the process of arresting or collecting evidence against a person, law enforcement may make mistakes which violate your rights. When this happens, it is our duty to protect your rights and have any evidence gained by this transgression declared inadmissible. Furthermore, our vast knowledge of DUI procedure and law proves invaluable when challenging the results of breathalyzer tests, chemical tests, and field sobriety tests.
Contact a Chicago DUI defense attorney from our firm if you are seeking preeminent legal representation for your DUI case.