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.

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.

Do I Represent Myself or Hire a Chicago DWI Attorney?

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