“I got a DUI, now what?” That panicked question runs through many minds after an arrest for Driving Under the Influence. A DUI in Illinois isn’t just one problem; it triggers two separate legal battles: your criminal case and the immediate threat to your driver’s license and driving privileges. Navigating these complex waters requires a strong DUI Defense.
Even before a criminal conviction, your license faces an automatic license suspension just 46 days after your arrest. This is part of the administrative process handled by the Secretary of State, separate from your DUI charges in criminal court. Time is critical to fight this!
Don’t wait. Call us today at (847) 616-9993 for a free consultation – your crucial first step to understanding your options.
What to Do Immediately After a DUI Arrest
A DUI can shake your world, impacting your daily life, your job, and your finances. Knowing these key steps can help protect your rights and your future:
1. Understanding and Navigating Chemical Tests
After a DUI arrest, you’ll likely be asked to submit to a Chemical Test to determine your blood alcohol content. This could involve a breath test using a breath test device, or blood or urine tests. In Illinois, refusing a breath, blood, or urine test leads to a longer automatic license suspension. This is often referred to as an “implied consent” law. While you can refuse field sobriety tests, the chemical test has significant consequences if refused. It’s a critical decision to make, and understanding the consequences of refusal is key. The Preliminary Alcohol Screening (PAS) test, often given roadside, is generally voluntary for adults, but the post-arrest chemical test is different.
2. Contact a Chicago DUI Defense Attorney
“Do I need a lawyer for a first-time DUI?” Absolutely. DUI laws are complicated, encompassing various sections of the Vehicle Code. A lawyer dedicated to DUI defense understands the nuances of the court process, can assess the specifics of your criminal complaint, and knows how to challenge evidence. They can guide you through the system, scrutinize how Standardized Field Sobriety Tests like the Walk and Turn Test and One Leg Stand Test were administered, and fight for your best outcome. Don’t go it alone!
3. Prepare for Court and the Legal Process
Your attorney will help you prepare for court. This involves recalling every detail of your arrest, from the initial stop to the booking process. They will review evidence such as police reports, dashcam footage, and breath test device readings. If a blood test was conducted, they may investigate the chain of custody and analysis methods, potentially involving a Gas chromatograph expert. Understanding the specific charges against you and the potential penalties is crucial. Your attorney can help you understand the nuances of the court process and prepare you for what’s ahead in court.
4. Understand SR-22 Insurance and Financial Impacts
A DUI means higher insurance rates and likely a requirement for SR-22 insurance, which certifies that you carry the minimum required liability insurance for high-risk drivers. This will significantly impact your insurance rates for several years. Beyond insurance, you’ll face court costs, fines, and potentially legal fees. There might also be bail bond premiums if you posted bail, and costs associated with an Ignition Interlock Device (IID), also known as a BAIID device, if mandated by the court or Secretary of State. It’s smart to plan for this financial impact.
First DUI in Illinois: What to Expect
“Will I go to jail for my first DUI in Illinois?” It’s a common worry. While often classified as a Class A misdemeanor, a first DUI can still mean:
- Jail Time: Up to 364 days, especially with aggravating factors like a high blood alcohol content, or having a child under 16 in the car. Illinois also has a Zero Tolerance Law for drivers under 21, which can lead to license suspension even with a small amount of alcohol.
- License Suspension: Losing your driving privileges for a significant period. This license suspension is separate from any criminal penalties.
- Heavy Fines & Fees: Beyond court fines, expect substantial court costs, administrative fees, and fees for mandatory programs.
- Community Service: Required hours may be part of your sentence.
- Mandatory Counseling and Treatment: Participation in a DUI Treatment Program or alcohol/drug education and treatment programs are common requirements.
Can you be charged with DUI days after? Yes. New evidence or witness statements can lead to DUI charges being filed later, even if you weren’t immediately arrested. This is why it’s vital to seek legal counsel promptly.
The Lasting Impact of a DUI Beyond the Courtroom
A DUI isn’t just a fine or a few days in court. It can profoundly affect:
- Your Job: Many employers run background checks, and a DUI on your public record can significantly impact current and future employment opportunities, especially for jobs requiring driving or a professional license.
- Your Finances: Skyrocketing insurance rates are almost guaranteed. If your DUI caused an accident and is elevated to a felony, your insurance might not cover damages, leaving you financially vulnerable.
- Your Reputation: A DUI conviction can carry a social stigma that affects personal relationships and community standing.
- Travel Restrictions: Some countries may deny entry to individuals with DUI convictions.
Learn More: How Does a DUI Affect Your Car Insurance?
Why You Need a DUI Lawyer, Even for a First Offense
You might think if the evidence seems strong, a lawyer can’t help much. But a dedicated criminal defense attorney can make a significant difference, even for a first-time DUI. They understand the intricacies of the court process and the various defenses available. They can:
- Fight License Suspension: Challenge the automatic license suspension of your driving privileges through an administrative hearing with the Secretary of State.
- Challenge Evidence: Scrutinize police procedures, the accuracy of breath test device readings, validity of field sobriety tests, and proper handling of blood test samples. They can look for any procedural flaws that could lead to evidence being suppressed.
- Negotiate Reduced Charges: Explore plea bargains with the prosecution, potentially reducing a DUI to a “wet reckless” (a lesser reckless driving charge involving alcohol) in Illinois, which carries lesser penalties and can help avoid some of the harsher consequences of a full DUI conviction.
- Represent You in Court: Navigate complex trial procedures, present your defense effectively, cross-examine witnesses, and ensure your rights are protected throughout the entire court process.
A DUI defense lawyer is essential if:
- Your blood alcohol content (BAC) was extremely high.
- You had a child under 16 in the vehicle. This often leads to enhanced penalties.
- The DUI caused injuries to others. This can escalate the charge to a felony.
- There were any procedural issues during your arrest, during the administration of field sobriety tests, or with the Chemical Test itself.
- You refused a chemical test, as this carries its own distinct penalties.
- You have prior criminal history, which could affect sentencing.
Don’t Face Your DUI Alone.
A DUI arrest is serious, and the legal process can be daunting and confusing. The consequences are far-reaching, affecting your driving privileges, finances, and future opportunities. You don’t have to navigate it by yourself. Taking swift action and getting sound legal guidance can significantly impact the outcome of your case and protect your future.
If you or a loved one has been charged with Driving Under the Influence in Illinois, reach out for help.
Contact our Chicago DUI defense attorneys for a free case review.
