Frequently Asked Questions

Chicago DUI Defense Lawyer

What is DUI?

DUI stands for "driving under the influence". It is a criminal offense that involves operating a motor vehicle while under the influence of alcohol and/or drugs, with a blood alcohol concentration of .08% or greater, or with any amount of illegal or controlled substance in your system.

Where in Illinois will your law firm represent clients?

Fagan, Fagan and Davis represents clients charged with DUI throughout Cook, Lake and DuPage counties. In Cook county, Illinois, we regularly defend clients charged with DUI and criminal matters in the Cook County Criminal Courts building at 26th & California, all Chicago branch criminal courts, domestic violence (domestic relations) division, the juvenile court in Chicago, Chicago traffic court at the Daley Center, and the district courts in Skokie (Old Orchard), Rolling Meadows, Maywood, Bridgeview and Markham.

What types of DUI charges does your firm handle?

Chicago DUI lawyers at our firm represent clients facing all types of DUI matters including commercial DUI, underage DUI, felony DUI or Aggravated DUI, multiple DUI, DUI with injury or DUI manslaughter or Reckless Homicide charges.

What is a statutory summary suspension?

When a driver fails or refuses a breath or blood test, he or she will face a statutory summary suspension. A statutory summary suspension calls for an automatic driver’s license suspension, which will go into effect 46 days after the arresting officer gives the driver a “Notice of Summary Suspension.” However, a driver can file a petition to appeal their suspension at a summary suspension hearing. If successful at the hearing, a person can win their driving privileges back. If a person loses at the hearing, his or her driver’s license will remain suspended for anywhere from 6 months to 3 years.

How long do I have to petition for a summary suspension hearing?

Drivers only have 90 days to file a petition to challenge their suspension at a summary suspension hearing. Failure to schedule a hearing within 90 days will waive a driver’s right to challenge their suspension altogether.

Do I have to take a breath or blood test?

At Fagan, Fagan & Davis, we advise our clients against taking a breath or blood test. Although a refusal can result in automatic license suspension, we feel that by taking the test you are just giving the prosecution more evidence to use against you in court. Most likely, the officer has probably already decided to arrest you, and is now just looking for incriminating evidence. Don’t give the prosecution the evidence they want! Refuse the test and let us use our experience and skill to defend you in court!

What are the penalties for DUI?

A DUI conviction in Cook County will result in a number of penalties, including driver’s license suspension, fines, community service, probation, and possibly time in jail. You may also be required to install a breath alcohol ignition interlock device in your vehicle for a period of time. To avoid these and other penalties, please don’t hesitate to contact a Cook County DUI lawyer at Fagan, Fagan & Davis today!

How do I know if a plea bargain is the right choice, or if I should go to trial?

This is a question best answered after a careful review of your particular case and charges. While we carefully and zealously defend our clients, we always put your interests first. If a trial is in your interest, you'll get the best DUI trial possible. However, an attorney at our firm will take whatever time is necessary to examine your unique case and determine whether a plea bargain vs. trial will be the better option. Ultimately, you make the choice, and with our help, you make a knowledgeable, educated choice.

Do you offer a free consultation?

Yes. If you or someone you know has been arrested for DUI in or around Chicago, Illinois, we welcome you to contact our firm and discuss the matter with an experienced defense lawyer. Your initial consultation is always free.

Why should I hire a Cook County DUI attorney at Fagan, Fagan & Davis?

Although it’s possible to defend yourself, it’s to your advantage to seek the representation of a skilled attorney. At Fagan, Fagan & Davis, we have more than 100 years of combined experience in DUI defense, and have handled a variety of both simple and complex DUI cases. There are many important elements to address in any one DUI case. By working with an attorney at our firm, you can ensure all elements of your case are being addressed and taken care of by an experienced lawyer. We will make sure effective defense strategies are in place, and that you have aggressive defense in court and at your summary suspension hearing. Furthermore, we can answer all of your questions, inform you of your rights, and advise you of your best options.

Contact a Chicago DUI lawyer at Fagan, Fagan & Davis today!