READER QUESTION:

Is it better to get an AV rated Illinois DUI attorney?

Marisa

Thanks for your question, Marisa.

An AV rated Illinois DUI attorney has a lot of things conferred to them. The rating means that they are respected within the lawyer community, as well as by customers. They have a limited or zero history of screw ups. They are extremely knowledgeable in the area of law which they practice. They have a high success rate. And so on. And so on.

The benefits of hiring an AV rated Illinois DUI attorney are enormous, because you are dealing with a person who can perform a very subtle and intelligent navigation of the legal DUI minefield. One of the problems is that AV rated attoneys have the luxury of being able to charge more for their services, and so they are out of reach for a lot of people.

There are certain ways you can control this cost. Most lawyers don’t require a lump sum, but have you pay your bill by month. If your lawyer is charging you by each hour of work, you can also work together with him/her to have them contact you whenever more work is required, so that you are always conscious of how much you’re spending and can veto any extra work.

–Fashun.

READER QUESTION:

What are things I should consider when i am looking into hiring an Illinois DUI attorney?

Marisol

GOOD QUESTION, MARISOL.

The first question I would confront the lawyer with with when you step into their office is: “Will you be handling my case, or are you going to delegate it to someone else?” It’s extremely important for you to hold your consultation with the person who will actually be representing you, so that you can correctly evaluate their abilities. If you’ll be represented by someone other than the consultee, you’re just wasting your time.

On a similar note, experience is one of the number one things you should focus on, and particularly in the area of DUI, and even more narrowly in the type of DUI case you have. Just because your lawyer is a couple of decades out of law school doesn’t mean they know their stuff in this are–they may have been practicing divorce law all that time.

Secondly, you should keep in mind how you relate to the lawyer and also the fees involved. You should get your fees in a written fee agreement so that you can assess them beforehand.

–Fashun.

READER QUESTION:

What extra Illinois DUI lawyer costs might I have to deal with?

Princeton

EXCELLENT QUESTION.

Many people factor in, obviously, the flat fee when they are budgeting for a lawyer without realizing that there are additional Illinois DUI lawyer costs. Here are some that you may need to be aware of.

• fees for printing, faxing, etc., and employing those who do this
• for hiring someone to take down testimonials and interviews in shorthand
• for delivering legal paperwork to witnesses
• for costs of travel
• for investigation
• for court filing and related fees
• for jury, if so requested
• for witnesses
• for consultation

Rather than just jump in the water with all your clothes on, discuss all of the potential Illinois DUI lawyer costs at your very first meeting so that you can decide which ones might be necessary in your case, which ones you can avoid, and whether the amount your laywer charges for such fees is worth keeping them.

Reader’s Question:

What constitute a DUI in Illinois and do I need to hire a the best lawyer for this?

Myra

Thank you for asking Myra.

“Driving Under the Influence” (DUI) is defined as driving a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, a motorist is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 percent or more, has used any illegal substance, or is impaired by medication. A driver’s BAC is based on the ratio of alcohol to blood or breath. An individual however showing alcohol levels between .05 and .08 percent may be charge of DUI if additional evidence determines that the driver was impaired.

Illinois law allows you to represent yourself in D.U.I. proceedings but because mandatory minimum sentences for even the first offense can be severe, it is best to consult an experienced and the best lawyer who knows the law and can advise you on the facts of your case.

Goodluck!

MariCAR

Reader’s Question:

I took the DUI breath test and it was over the limit. Do I still get a chance with my case?

John

Thank you for asking John.

There is always hope if your DUI lawyer is experienced of those numbers and knows all the ways those numbers can be wrong. The DUI breath test being used by police officers in Illinois does not measure alcohol specifically, and can make many types of errors and mistakes. According to the National Highway Traffic and Safety Administration (NHTSA), field sobriety tests are only 65% reliable, and breath, blood and urine testing can be similarly unreliable. Some of the factors that can lead to inaccurate results include improper administration, faulty equipment, faulty analysis and other factors.

An experienced and expert DUI lawyer knows how to examine the breath testing records to determine whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate.

Goodluck!

MariCAR

Reader’s Question:

When I’m taken to the police station because of DWI arrest in Chicago Illinois, do I have a right to a lawyer or a phone call?

Joseph

Thank you for asking Joseph.

You may and should ask to see or call an attorney as soon as you arrive at the police station since you are now under arrest—where anything you say might be used against you—you should not say anything without a lawyer present or until you have talked to an attorney.

In Illinois, within a reasonable time after your arrest or booking at the jail, you have the right to make a local phone call to an attorney, bail bondsman and/or any relative or other person. The police may not listen to the call to the lawyer and any communications made to your attorney. Your call should be discrete and made in such a way that you cannot be overheard by any other person or police officer. Make sure you pay attention to your surroundings when you make the call and notice if the police or anyone else can o verhear the conversation.

Goodluck!

MariCAR

Reader’s Question:

Since its only a DWI conviction, can I just represent myself in Illinois?

Tom

Thank you for asking Tom.

In Illinois, even though you are legally permitted to represent yourself, you are likely to get a much more favorable result if you retain a knowledgeable DWI attorney to represent you. In many cases getting a qualifoed and experienced DUI attorney can result in the charges being reduced or dismissed. Additionally, the need for jail time can often be eliminated.

A qualified and experienced attorney will review your case and the police reports. Your DWI attorney will also analyze the results of the chemical tests, compel discovery of the pertinent maintenance records and arrange for blood samples to be tested by an independent lab. An experienced DUI lawyer will be able to file Motions on your behalf with the court and attempt to negotiate a favorable conclusion with the District Attorney in Illinois.

Goodluck!

MariCAR