Drunk Driving in Illinois? Avoid Conviction!
Reader’s Question:
I have so many friends here in Cicero, Illinois who often drive drunk and I’m just afraid they might get into an accident and face DUI. How would I approach someone I know who is too drunk to drive?
Dahlia
Cicero, IL
Approaching a friend who is trying to drive drunk is one of the hardest things to do. But you can definitely intervene to avoid an accident and a DUI charge in Cicero, Illinois. You can try the direct approach, but this would probably not work with a friend who is very drunk, but it won’t hurt to try. You can ask for your friend’s keys and offer to drive or call a cab. Sometimes it would just take someone pointing out the obvious for the person to admit the problem.
You may also offer a diversion by suggesting you grab a bite to eat before heading home. This would work best if there is a place to get food within walking distance, but if not, you can still offer to drive. The food that you eat could sober your friend up, or at least provide you more time to convince him not to drive home. You can also try to explain to your friend the penalties that would be involved if he will be caught drunk driving, such as fines, possible jail time, probation, etc. DUI can also have an adverse effect on his auto insurance as it will definitely go up. Worse, he might just have someone injured or killed and he could also probably kill himself if he gets into an accident caused by drunk driving.
Auto Insurance After DUI in Illinois
Reader’s Question:
I got charged with DUI here in Aurora, Illinois and if I get cleared, will my car insurance rates still increase? If so, how can I avoid an increased rate on my car insurance?
Heriberto
Aurora, IL
Even if you get cleared for your DUI charge in Aurora, Illinois, your car insurance company could still increase your rates, just because you were arrested for DUI. It is actually their right to increase your car insurance rates for the DUI arrest, but it is also your right not to notify them unless you are actually convicted for DUI. To avoid increased car insurance rates, you have to retain a good DUI lawyer after your DUI arrest if you are able to afford one.
You should ask your DUI lawyer as soon as possible on how to avoid increased car insurance rates after a DUI conviction. The DUI lawyer could advise you on what to say to your insurance company and when you have to say it. You also have to understand that you would experience some level of increased car insurance rates unless your DUI case is dismissed. You also have to ask your DUI lawyer about DUI support groups in your area. You could not only gain some comfort by talking with others, but you could also get peer advice for finding good car insurance and coping with financial pressures caused by your DUI charge.
How Important Is It To Have a DUI Lawyer in Chicago Illinois?
Reader’s Question:
I have to admit that it’s not easy having a DUI charge here in Chicago, Illinois. How important is having a DUI lawyer to help me in my case?
Ray
Chicago, IL
You have to keep in mind that DUI is one of the few crimes that a person could be convicted solely on the opinion of the police officer. Even if most DUI offenses are classified as misdemeanors, the penalties for it are generally much more serious. If you choose to hire a DUI lawyer to help you in your DUI case in Chicago, Illinois, you need an experienced DUI lawyer to represent you in your DUI case to make sure that you get the best possible defense you can.
In hiring a DUI lawyer, there are certain things that you need to take note of to ensure that you get the best quality. The DUI lawyer should be up-to-date on the practices and guidelines in a DUI defense in Illinois. You need a lawyer who attends seminars presented by the National College for DUI Defense and have spent time learning advanced DUI Defense tactics from some of the leading DUI lawyers in the country. The DUI lawyer should also be willing to fight for your case not just a lawyer who will plead you out. Best of all, an experienced DUI lawyer is actually the one who could be able to save your job, driver’s license and freedom.
I Was Charged With DUI – Arraignment Process in Illinois
Reader’s Question:
I was charged with DUI in Peoria, Illinois and it’s nearing my first court date and I don’t know what would happen. Could you give me an idea as to what should I expect during the arraignment of my DUI case?
MJ
Peoria, IL
If you haven’t hired a DUI lawyer to represent you on your DUI charge in Peoria, Illinois, you would have to attend your arraignment. The date, time and location of your first court meeting are on your ticket or somewhere else in your paperwork. At some point during your arraignment, the judge would ask you to enter a plea to the charges. Then you would have to plead either guilty or not guilty to the DUI charge. Depending on the plea that you would enter, the judge would ask you several questions to determine if you want to waive your constitutional rights, including your right to a speedy jury trial.
If you enter a guilty plea on your DUI charge, the judge would likely pass sentence immediately. The sentence would vary depending on the charges you face, the specific judge assigned to your case and the county you are charged in. At minimum, most DUI cases entail some time in jail or a program that counts as jail, a substantial fine, probation and DUI school.
DUI Restricted Driving Permit in Illinois
Reader’s Question:
My driver’s license has been suspended for almost nine months already because of my DUI conviction here in Rockford, Illinois. I was told that I can get like a temporary license or something if I won’t have a DUI charge or a similar offense for nine months. How would I get a driving permit after my DUI conviction?
Mao
Rockford, IL
I know that you have already foreseen that after your DUI conviction in Rockford, Illinois, the next issue that you would face is when, and under what conditions you could be eligible to apply for a Restricted Driving Permit (RDP). In the State of Illinois, RDP could be issued for driving to and from work as well as within the scope of your employment related duties, to allow you transportation or a family member for necessary medical care, to and from certain alcohol rehabilitative activities such as AA meetings, and for you to travel to and from classes at an accredited educational institution. Also, the State Secretary would not issue permits for more than 12 hours a day or 6 days a week.
You should not have traffic tickets pending in any court (other than a DUI with a pending suspension) and your driver’s license should not be revoked or suspended for other reasons because you would be ineligible to apply for RDP until the other matters are resolved. You should also obtain an alcohol evaluation from an agency licensed by the Illinois Office of Alcohol and Substance Abuse (OASA) and you must complete the treatment recommended therein at a treatment service provider licensed by OASA.
What Are The Possible DUI Penalties in Illinois
Reader’s Question:
A friend of mine was arrested for DUI in Skokie, Illinois for the first time and from what I know, they have a strong case against him. Could you please educate me on what he could be facing because of his DUI charge, what are the penalties involved?
Aldrin
Skokie, IL
After your friend was arrested for DUI in Skokie, Illinois, he would be facing two different cases; one is an administrative driver’s license suspension that starts automatically, unless appealed and the other one is on the court system. He would need to request for a DMV hearing which should be done quickly after the DUI arrest so that he can be able to appeal against the suspension of his driver’s license. He would also have to make sure that he hires a qualified DUI lawyer to help him with his appeal to ensure that it is received in time and that all of the necessary paperworks are filled in correctly.
If he tries to do all of these by himself, he is risking making a serious mistake and losing his without the chance for appeal. Aside from that, if convicted for DUI, he would have penalties that are truly unacceptable. Since this is his first DUI offense, it would be considered as Class A misdemeanor charge. If he gets convicted, he can expect to have consequences such as fines of up to $2,500, jail time of up to 364 days, potential Victim Impact Program requirement, alcohol evaluation with potential counselling, potential community service and any other consequence deemed necessary by the judge.
Should I Just Plea Guilty to My DUI Charge in Illinois?
Reader’s Question:
I was lead in to the assumption that DUI cases could not be won that’s why I am thinking of just pleading guilty to my DUI charge here in Joliet, Illinois. Would it better if I do just that rather than fighting my case?
Floyd
Joliet, IL
The assumption that DUI cases could not be won should be entirely disregarded, and don’t ask why. Just kidding. I understand that you may think that DUI is a very complicated matter and there’s no way out of it. That’s just normal but there are a lot of things that you should consider before you plead guilty on your DUI case in Illinois. There are certain things that are at stake here such as your driving privileges and your freedom, not to mention having insurance rates increase and the fees that you will pay. Don’t lose these things without putting up a good fight because you would never really know what happens next.
There are a lot of challenges that could be brought out by a good DUI defense lawyer in order for you to win your DUI case. The DUI lawyer could start at the location of the arrest, to the field sobriety tests, to having you in custody, to the chemical tests, to your detention and so on and so forth. Think about these things before giving up a lot of things and just plead guilty to your DUI charge.
Talk to a DUI attorney NOW!
Illinois DUI Charge – What Will It Cost Me?
Reader’s Question:
They say that even if I don’t fight my DUI case, it would still affect my finances greatly. Will it cost me too much money if I lose my DUI case here in Des Plaines, Illinois?
Alfred
Des Plaines, IL
The costs of a DUI arrest are great both emotionally and financially. It’s true that even if you don’t fight your DUI case in Des Plaines, Illinois, there would still be a big hit on your finances. But I still suggest you would because the fines and surcharges if you lose your DUI case could be unimaginable. Aside from the fines, penalties and surcharges that the court can impose on you, you might also have to pay for an ignition interlock device if the judge decides it is necessary. This device is a breathalyzer put in the steering column of your car. The vehicle would not start unless it shows that your blood alcohol content is below a certain level.
It would also cost you money if your driver’s license is taken from you when you are arrested. For 30 days, you would have a “temporary license” in which you could still legally drive. If your driver’s license is suspended by the DMV, you could apply for a temporary license, but there would be fees to pay for that too. And if you continue to drive a vehicle while your driver’s license is suspended, you would also incur additional criminal charges and all the costs involved.
Possible Illinois DUI Defenses?
Reader’s Question:
My cousin is thinking about getting a DUI lawyer to help him on his DUI charge in Illinois. What are the possible defenses that he can use on his DUI case?
Floyd
Skokie, IL
There are a lot of challenges and defenses that your cousin could use on his DUI case in Illinois. So let’s start with the challenges to the DUI stop. First of all, he can use as a defense that the officer didn’t have a valid reason to pull your cousin over or no police officer actually saw your cousin driving. Another defense is with regard to the challenges on probable cause to arrest your cousin if the officer didn’t have enough reason to arrest and if the officer didn’t use proper technique and graded him unfairly.
Next are the motions to suppress evidence like if the Miranda Fifth Amendment rights were violated and if your cousin was not warned of his implied consent rights. Evidence can also be suppressed if the police officer searched the vehicle illegally and coerced your cousin into performing field sobriety tests. The police officer could have manufactured the evidence and a good DUI lawyer can definitely find out about it.
Illinois DUI Field Sobriety Tests
Reader’s Question:
A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?
Warren
Decatur, IL
The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.
An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.
Loading ...