Should You Get an Attorney for a DUI?
Being charged with a DUI is a stressful event. This is especially true if you are based in Illinois, where DUI charges and the associated penalties are severe. It may leave you pondering an important question: Should you get an attorney for a DUI? The answer is almost always yes.
You may not be able to undo your DUI arrest, but hiring an experienced lawyer is the next best thing you can do for yourself.
About DUI in Illinois
In Illinois, you can be charged with a DUI if you are operating a motor vehicle while impaired by any of these:
- Alcohol
- Intoxicating compounds and methamphetamines
- Medically prescribed drugs, including marijuana.
You are considered under the influence if you meet any of the following conditions:
- You have a blood alcohol content (BAC) of 0.08 or more.
- You have a tetrahydrocannabinol concentration (THC) of at least five nanograms per milliliter of whole blood.
- You have a THC concentration of at least ten nanograms per milliliter of other bodily substance.
- You have used any other controlled substance.
- You are impaired by medication.
As you can imagine, determining whether someone is “impaired” or not can be subjective. While some cases of DUI are relatively clear cut, many ambiguous cases hinge on whether a defendant was impaired by the substances in their system.
The Average DUI Offender in Illinois
According to research and statistics, the average DUI offender in Illinois is:
- Male (75 percent)
- Under 35 (52 percent are under 35 years of age)
- Caught with a BAC of 0.17
- Arrested on a weekend between 11 p.m. and 4 a.m.
While these statistics paint a portrait of the average person arrested for DUI, people of all ages and backgrounds have been arrested for this crime.
Benefits of Hiring a DUI Lawyer in Illinois
If you have been charged with a DUI, you may feel helpless to do anything about the charges. But a DUI isn’t a minor criminal offense. You should take it very seriously and do everything you can to reduce the potential exorbitant fees, license suspension, and other consequences.
A DUI Lawyer Understands the Illinois Legal System
A good DUI lawyer will know the local laws and legal system and be ready to fight for your rights. They can analyze your case and play off its strengths while minimizing its weaknesses. They can lay out the top legal strategies for your case and walk you through each option step-by-step. This allows you to understand the pros and cons associated with your choices, so you are armed with the knowledge to make a wise decision guided by insightful legal counsel.
Your DUI Lawyer Is Trained in Negotiations
Negotiations can play a key role if you are convicted of a DUI in Illinois. You may take a plea bargain if you and your attorney decide that is the wisest course of action. You will want a strong negotiator who takes your case seriously during the bargaining stage.
Your Lawyer May Get Your DUI Removed from Your Record
DUIs are serious offenses in Illinois. Numerous penalties may be imposed upon you if you are found guilty, from imprisonment to excessive fines. DUIs can impact your reputation, ability to drive yourself, and future job opportunities. DUIs also become a part of your permanent driving record. However, sometimes a good DUI attorney can help you get your DUI removed from your record. If you have the chance to remove a DUI, it is worth exploring your options.
No DUI lawyer can guarantee a positive outcome, but the defense team at Wolfe & Stec, Ltd will fight tirelessly to represent you. Call 630-305-0222 to book a free consultation.
A DUI Lawyer Can Handle the Legal Paperwork
There is no need to take on the Illinois legal system alone. A skilled DUI lawyer will support you throughout the process. They can handle the legal paperwork and stay on top of various deadlines. An experienced DUI attorney will keep you abreast of the vital details of your case and ensure you are informed of all critical decisions and your legal options.
While you can handle your legal paperwork and other administrative tasks, many non-lawyers find the process overwhelming when faced on their own. Hiring the right lawyer can help you get the support you need. You can rest easy knowing that the paperwork is in good hands and everything is submitted promptly and professionally.
The Dangers of Not Hiring a DUI Attorney
The dangers of not hiring a DUI attorney include more risks than imprisonment and soaring fines. You could lose your vehicle and your job. Your reputation can be negatively impacted by the permanent addition of a DUI to your driving record. You may have to disclose the offense to future employers or worry about future background checks. You may even be disqualified from certain professions.
Penalties for DUIs in Illinois
There May Be More at Stake Than You Realize
Illinois takes DUIs seriously, especially if you have prior convictions. A DUI conviction is generally considered to be a class A misdemeanor. Here are the penalties associated with DUIs in Illinois:
For a First Offense
Even for a first offense, if certain aggravating factors are present, you may face more severe penalties. If your BAC is 0.16 or higher, you will face a minimum fine of $500, 100 hours minimum of community service, and other potential penalties.
When Transporting a Child
If you are transporting a child under 16, you will have a minimum fine of $1,000, 25 days of community service, possible imprisonment of up to six months, and other potential penalties. If involved in a crash while transporting a child under 16, you may be charged with aggravated DUI, which is a class 4 felony. You will face a minimum fine of $2,500, 25 days of community service, and other potential criminal or administrative penalties.
Subsequent DUIs
Subsequent offenses see stiffer penalties on the second, third, fourth, fifth, and sixth or subsequent convictions, with minimum mandatory fines reaching as high as $25,000 and potential imprisonment of up to 30 years.
Failing or Refusing a Chemical Test
DUIs and related crimes impact your criminal record, but they can also affect your driver’s license. These are the basic license penalties that come with failing or refusing sobriety tests even before a criminal conviction.
If you fail a chemical test for the first time, you face an automatic six-month suspension of driving privileges. If it happens again within five years, there is a 12-month suspension of driving privileges. The license suspension for refusing a chemical test is 12 months for a first offense. If it happens again within five years, you face a three-year suspension of driving privileges.
Other Consequences of Illinois DUIs
Aside from lengthy imprisonment and fees, there are other negative consequences associated with a DUI conviction, including:
- DUI convictions are part of your permanent driving record.
- You are required to carry high-risk automobile insurance for three years.
- Your vehicle registration may be suspended.
- Your vehicle may be seized or impounded.
If you believe you have been wrongfully charged with a DUI, it is essential to seek legal counsel as soon as possible. A high-quality Illinois DUI lawyer may be able to help you fight the charges or reduce your penalties.
How an Experienced Illinois DUI Attorney Can Help
Hiring the Right Attorney Is an Investment in Yourself
A strong Illinois DUI attorney can help analyze your case and explain your legal options. It may be possible for your charges to be reduced or even dismissed in some instances. Whether this is your first offense or a subsequent offense, it is crucial that you have a skilled advocate on your side as you move through the legal system. The right lawyer may be able to help you avoid expensive fines and lengthy imprisonment sentences that courts may otherwise place upon you.
At Wolfe & Stec, we understand the challenges of combating DUI charges and are prepared to fight passionately for your rights. We will carefully analyze the facts of your case and present you with the available legal options. Call us today at 630-305-0222 to schedule your consultation.