Several years ago, Illinois adopted new laws that make this one of the toughest states on DUI prosecution. However, the right Chicago DUI attorney can help you get through the process. In Illinois, the first and possibly second DUI is frequently charged as a misdemeanor. With the changes that took effect in , even a first time DUI conviction can lead to severe consequences. However, most first time offenders will not go to jail unless they were involved in an accident while under the influence.
It is possible to get court supervision, which is an alternative to a criminal conviction. Court supervision is not possible for a second or third DUI conviction. And this DUI could result in a Class 2 or Class 4 felony , which can lead to a sentence of one to seven years in prison. Although there are many defenses available to a person who has been charged with DUI, there also are a lot of expenses.
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Although most of this will be returned at the conclusion of the case, there are nonrefundable court imposed fees and costs. Your vehicle likely was impounded as a result of the DUI arrest and it will be a couple of hundred dollars to get it out of impound, which will increase if the vehicle is not retrieved quickly. There also may be drug and alcohol testing. In order to get your license restored, there is an administrative fee, plus the costs of the necessary filings and hearings.
Additional costs apply for the required calibration and maintenance. Freidberg if you have been arrested for drunk driving. A Statutory Summary Suspension SSS happens if a person is pulled over on suspicion of driving under the influence and test results show a blood alcohol content of. If the driver refuses to take a blood, breath, or urine test, then the suspension is for twelve 12 months.
It is important to contact a DUI attorney serving Chicago immediately after a drunk driving arrest as the attorney only has 90 days after the arrest to file a Petition to Rescind the Statutory Summary Suspension. A conviction for violating DUI laws is no small matter and can carry harsh penalties which can badly stain your financial and personal life. The law enforcement officer has the freedom to choose the test to administer. A DUI offender can be cited if they fail to refuse a test mentioned above, even if willing to take one of the other two.
They will still be charged with DUI even after failing to take the test, and their license may be suspended for longer than if they took the test but failed. Licenses are suspended for six months for a failed test, but it carries a one year suspension for a first time refusal. Subsequent refusal carries a suspension of three years.
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First-time offenders may apply for a monitoring device driving permit, which allows them to drive their vehicle using an ignition interlock system. With the system, the car will not operate until a driver successfully blows into a device to determine whether alcohol is present. If you are arrested for a DUI, whether or not you have not taken a test, you need to call a Chicago DUI lawyer for a proper presentation. Law enforcement officers can seek to test any Illinois driver on suspicion of DUI in quite a number of situations.
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You can be pulled over due to a broken taillight or for speeding. The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI.
In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state laws refer to or define the crime.
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Whatever the name, the state laws all have a common aim of punishing those who drive while under the influence of alcohol or illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
Parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process.
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Parole comes into play after a person has been imprisoned and is released. Alternatively, probation refers to a criminal sentence, separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system.
All probations are subject to a requirement that the offender refrains from committing further crimes. Persons convicted of drunk driving may be placed on probation, or for subsequent offenses, they may be given a jail or prison term and then paroled, subject to continuing supervision.
Convictions of Underage DUI in Chicago Result in Harsh Consequences
Lawyers experienced in criminal defense and drunk driving law can explain the spectrum of possible punishments for drunk driving offenders and the possible sentences in greater detail. Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is often up to the government to investigate, arrest, charge, and bring the alleged offender to trial.
Prosecutors are the lawyers who work for the government and who are responsible for developing and presenting the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
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