What Is The Best DUI Defense To Take in Illinois?

Reader’s Question:

I watch and read news everyday and I noticed that cases of DUI are increasing here in Illinois. This makes me very much curious to know certain things about DUI cases. What are the possible defenses in a DUI case that can make a defendant win his/her case?

Echo

Waukegan, IL

There are several defenses in a DUI case in Waukegan, Illinois that can be brought up during the DUI trial which can make the defendant win his/her DUI case. First and foremost an illegal stop of the person or the vehicle is one of the biggest defenses that a DUI defense lawyer needs to prove for the defendant to walk away a free man after the DUI trial. A motorist can’t be asked to stop unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Likewise, an individual could not be seized unless a violation has occurred.

On a similar note, if a driver was weaving inside the lanes, this is not illegal and cannot be considered a reason for a DUI stop because weaving without crossing any lines is not a violation of the law. Another thing that can be considered as an illegal stop would be from an anonymous report of drunk driving. A person or a vehicle can’t be stopped simply because an anonymous citizen reported that the driver was drunk. These are just examples of DUI defenses during a DUI arrest which, if proven, can be a great help for the DUI defendant.

Illinois DUI Case Going to Trial – How Long Will It Take?

Reader’s Question:

I just wonder how long it will take if I fight my DUI case here in Illinois. I am thinking that I just work out a deal rather than going to trial to get this over and done with. Is it true that a DUI trial could take months?

Zaire

Berwyn, IL

Yes, if you take your DUI case in Berwyn, Illinois to trial in front of either a judge or a jury, it would take you some number of months. There could be two or three court dates before a trial, which would probably be six months out. It could take a total of six months to a year for the case to be resolved for a jury trial. There is a possibility to skip preliminary motions and schedule a bench trial immediately in some circumstances. This would usually limit your DUI defense options so it does have disadvantages but it could give you a chance to resolve the case in two months or less.

If you work out a deal rather than going to trial, it would be very likely that you can have the minimum penalty available under the law. Your DUI case would be continued without a finding for one year. The judge would suspend your license for 45 days (consecutive with the six-month breath test refusal or 90-day failure suspension), and you would pay a number of fees and fines. The conditions of your probation would be that you attend and complete the alcohol education program.