WHAT ARE THE TYPICAL PENALTIES FOR A FIRST TIME DUI OFFENDER IN ILLNOIS?

I get asked this question a lot by clients, so I wanted to include it given they are probably many more people out there wondering the same thing. For a first time offender, you are typically looking at a Class A Misdemeanor, a couple thousand dollars in court fines, a couple thousand dollars in attorney's fees, required alcohol classes, and possible suspension of your license. In addition, if your blood alcohol content is over .16, which is twice the legal limit, you are also looking potential community service and a higher fine. There are also other aggrevating factors that can increase the severity of the sentencing, such as having a child under 16 years of age in the car, driving in a school zone, or having an accident resulting in great bodily harm to another party. Regarding the license suspension, it is usually possible to avoid a suspension on the first offense given there are no aggrevating factors by reaching a plea agreement with the prosecuting attorney. Call an experienced DUI defense attorney at our firm today to learn more about your options.

WCZ
http://www.westmontattorneys.com

DOES YOUR LICENSE AUTOMATICALLY GET SUSPENDED AFTER A DUI?

State laws require that an individual arrested for DUI will automatically have their license suspended on the 46th day after the arrest. In addition, Illinois laws provide statutory suspensions for the driver's license of people arrested for DUI's. Typically, for a first time DUI offender, if the individual failed the sobriety tests, he or she will be facing a statuory summary of 6 months. If the person refused to submit to such testing and was found guilty, he or she would face a one year suspension. However, in most instances, the individual would be permitted to have a Monitoring Device Driving Permit ("MDDP") installed in his or her vehicle which would allow them to begin driving restriction free beginning on the 31st day on the suspension. These devices are know as Breath Alcohol Ignition Interlocking Devices, and would require the driver of the vehicle to blow into them before the vehicle was allowed to start. There are also other ways an experienced DUI lawyer can greatly reduce the suspenion of your license without the use of this device, such as by filing a Petition to Rescind or reaching a plea agreement with the prosecutor. Contact an experienced DUI attorney from our office today to learn more about your options and answer all of your questions.





WCZ


http://www.westmontattorneys.com

CAN A POLICE OFFICER PULL YOU OVER FOR ANY REASON IN ORDER TO CHECK FOR A DUI?

Generally, the answer is no, although there are some exceptions as there is with every rule. Typically, an officer needs probable cause to believe you are intoxicated or violated the law in order to pull you over. This can be anything from swerving to failing to wear your seatbelt. An improper stop is one of the ways DUI defense attorneys are able to defeat a DUI charge. If an officer fails to stop a vehicle for a legitimate reason, any subsequent evidence acquired by the police is inadmissable in court. One exception to this rule is a roadblock setup by law enforcement to specifically target drunk drivers. The courts have ruled that as long as the roadblock is dsigned for that specific purpose and stop vehicle at a random and rountine pattern, these roadblocks are legal.

WCZ
http://www.westmontattorneys.com/