Being charged with a DUI (driving under the influence) in Illinois, is a serious office. If convicted you face severe consequences, including jail time. Advice, counsel and legal representation from a Hinsdale DUI lawyer at Wolfe & Stec can be extremely valuable. We may be able to have the charges against you reduced. And, in some cases, you may be able to completely avoid a conviction.
Illinois statutes provide multiple reasons that you can be arrested for a DUI. These include operating a motor vehicle while impaired by:
Because DUIs often result in injury and death, they are taken seriously. Punishments include fines and jail time. If this is not your first arrest, you may face felony DUI charges. Conviction can result in a suspended license, increase in insurance premiums and a permanent criminal record that can negatively impact your prospects for education, jobs, and housing. You can even lose your job and your family. Your relationships with your friends may be changed forever.
Fighting DUI charges is a job for a professional. Do not go about this yourself. At Wolf & Stec, our Hinsdale DUI attorneys are experienced in litigating DUI cases. We know the judges, the courts, and the system. We will leverage our experience on your behalf to identify weaknesses and errors in the prosecutor’s case to help defeat the charges and have them reduced or dismissed. We will stand by you, complete all paperwork, accompany you to court appearances, and manage all of the legal aspects of your case. We will support you throughout the process, answer all of your questions, address your concerns, and aggressively fight for your rights.
We provide all clients a free and confidential consultation to discuss their individual situation and determine the best way to move forward. Delaying can only make the situation worse. So, call Wolfe & Stec at 630-305-0222 today for your free, confidential consultation.
You must understand implied consent. In Illinois the Implied Consent Law means that if a police officer has probable cause to believe you are driving impaired, arrests you and asks you to provide a breath, blood, bodily substance, or urine sample, you are considered to have given consent for testing. If any of the following are found, you will be considered to be DUI:
If you have not been arrested, you have the right to refuse chemical testing. Implied consent is only applicable in cases where a police officer has arrested you for DUI and has probable cause for the arrest. Even if implied consent comes into play, you still can generally refuse chemical testing. That said, there are penalties for refusal, including a 12-month suspension of your driver’s license.
Just because you refuse testing and a BAC number is unavailable does not mean you will not be convicted. Your refusal to test will be divulged in court and additional evidence can be shared by the prosecuting attorney including:
Field sobriety tests all have a margin of error. None are 100% accurate. As your DUI defense attorney in Hinsdale, we can challenge the results. If the test was not administered appropriately or the results interpreted properly, we can have them excluded.
Certain tests are more accurate than others. For example, Chemical blood or urine tests are more reliable than field sobriety tests. However, these can only be administered by licensed medical professionals at a medical facility. And, they must be collected, labeled, sealed, and authenticated in a law enforcement officer’s presence. Should any of these steps be omitted, the results can be challenged.
Have you have received driver notification of a summary suspension based on breathalyzer or chemical test refusal? If so, you are entitled to a hearing. As your attorneys, we may be able to refute the suspension for reasons such as proving that …
Our Hinsdale attorneys can determine which defense is best for you based upon your specific situation.
Potential punishments, if you are arrested for a DUI, vary greatly, depending on a range of factors including your blood alcohol level, the location of the DUI, and whether you had a previous offense. Charges range from misdemeanors to felonies, and punishments get more severe with each repeat offense and under certain circumstances.
1. First Offense — This Class A misdemeanor becomes a felony if there are injuries. Punishments may include:
2. Second DUI – This offense results in license suspension of five years, jail time and fines.
3. Third DUI – Your third offense is considered a felony which can be punished by three to seven years in jail, up to $25,000 in fines, and a license suspension for a minimum of ten years.
Additionally, if you have past traffic convictions or were driving without a valid license, you DUI may become a felony punishable by more than a year in jail. A conviction for a Class 4 felony may bring imprisonment of 1-3 years and fines of up to $25,000.
4. Aggravated DUI – A DUI becomes an aggravated DUI if you:
An aggravated DUI with multiple deaths is classified as a class X felony and is associated with penalties that may include a 6-30 year prison term and fines of up to $25,000.
If you are facing charges for a repeat drunk driving or high driving offense, you may be facing severe repercussions. Your future is at risk. Don’t wait. Contact our DUI lawyers in Hinsdale today at 630-305-0222.
If you have been charged with a DUI in Illinois, our Wolfe & Stec DUI lawyers in Hinsdale can help by:
Law enforcement is not infallible. Police officers and prosecutors often make mistakes. Sometimes there is irregularity in the chain of custody of samples. Occasionally they may have stopped you without probable cause. We know how to identify errors like these and leverage them to your advantage. Additionally, if you have not been drinking yet still failed a field sobriety or breath test, we can help.
Don’t risk your future. Obtain skilled legal support from our Hinsdale DUI attorneys at Wolfe & Stec. We will fight for the best outcome for you. Call us at 630-305-0222 today for your free initial consultation.
After the police broke into our client’s house, we successfully suppressed the evidence and the case was subsequently dismissed.
We have tried many aggravated battery and domestic batter cases. Our most recent success was our client was charged with attacking and stabbing the victim in their home. After conducting extensive discovery, interviewing witnesses, and reviewing all the factors contained in the case, we were able to get the cause dismissed.
We handle numerous first and repeat DUIs and have excellent success in acquittals or reductions of charges with minimum impact for our clients. As members of the NACDL, we have numerous expert witnesses available to rebut the vast resources of the prosecution and receive favorable rulings.