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Misdemeanor DUI

As a driver in Illinois, it is crucial to understand that it is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or any intoxicating substance. This law includes an individual who drives a car under the influence of marijuana even if the marijuana has been prescribed.

If your blood alcohol concentration is found to be higher than .08, you will be arrested and charged with a misdemeanor DUI. A commercial driver who has a BAC higher than .04 will also have to answer to DUI charges. School bus drivers have to adhere to higher standards while on the road. A school bus driver with .01 BAC will be charged and stands to not only get their license suspended but stand to lose their job.

While evaluating a DUI, being in actual physical control of a motor vehicle can be defined differently depending on the case. It can be defined as the driver sleeping in the driver’s seat with the key in the ignition or sleeping in the car's back seat. The courts in Illinois will determine if the driver was in actual control of the vehicle by judging each case differently based on the evidence presented. An experienced misdemeanor defense Illinois attorney can help you out if you are facing charges.

If you were caught sleeping it off in your car, you can contact a DUI attorney from Dohman Law Group and ask for help. Call our firm at (847) 616-9993, we will be happy to review your case and present you with options.

The Difference between Felony DUI and Misdemeanor DUIs

As a DUI offender, you can either face misdemeanor or felony convictions. A first-time DUI offense is primarily a misdemeanor. Even so, when a person has been charged with a DUI that causes death or severe injuries to another party, they will answer to DUI felony charges. Also, when an unlawful or negligent motor vehicle operator causes a DUI-related killing to another person, they could be charged with vehicular homicide.

When a person has a first or second DUI charge, they will be charged with a misdemeanor offense. When you have previous DUI convictions, you will be charged with a felony. In most states, when you have a third or fourth DUI, you will be facing felony charges. 

misdemeanor dui attorneys

When you are accused of a felony or misdemeanor, you will need a strong misdemeanor DUI defense Illinois lawyer to work on your case. We have previously found solutions for individuals facing misdemeanor and felony charges and helped them find a favorable outcome. Each case is different and unique, and we treat all the clients that come to us with utmost care and cater to their individual needs.

A DUI charge will be elevated if an individual has a high blood alcohol concentration of .16 in their system. Also, if they were intoxicated while driving a motor vehicle with a minor in it.

The criminal penalties for a DUI conviction for a Misdemeanor and felony charge are different. The penalties for a felony Dui charge are harsher compared to Misdemeanor DUI charges.

Consequences of an Illinois DUI

A defendant who has a misdemeanor faces up 12 months in jail and paying fines resulting in one thousand dollars. For a Felony DUI conviction, an individual faces a year or more in jail and penalties worth thousands of dollars.

When you have a second conviction within five years of having another violation, it is mandatory to serve a minimum of five days in county jail. Instead of prison time, you can serve two hundred and forty hours of community service.

Getting charged with a violation the third or fourth time within five years after getting arrested for a DUI, an offender will be guilty of a class two felony, which is an aggravated driving offense. You will face a mandatory jail sentence of 3-7 years jail time and fines amounting to twenty-five thousand dollars for this offense.

When you get a fifth DUI within the same time frame, you will face jail time of four to fifteen years in prison and fines that amount to twenty-five thousand dollars. A fifth violation is a class 1 felony offense

The 6th DUI charge for a drunk driver is classified as a class x felony offense. The offender’s consequences for the offense will be a maximum jail sentence of six to thirty years in prison and fines amounting to twenty-five thousand dollars.

Other Additional Penalties

The consequences of a DUI will be higher if you have a blood alcohol content that is more than .16. On top of the fine, you are already paying, you will pay a higher $500 fine. You will also spend an additional minimum of 100 hours in community service.

An individual who has been charged with a DUI offense within 10 years of having another violation and has an alcohol concentration level that is higher than .16 will serve a mandatory two days in jail and a fine of one thousand and twenty-five dollars.

Getting a third DUI within 20 years when your blood alcohol content was .16 or higher, you will serve an additional 90 days in jail as well as two thousand five hundred dollars as a minimum fine.

misdemeanor dui lawyers

Being charged with a DUI when you have a child under 16 in the motor vehicle, aside from an additional fine and mandatory hours in community service, can lead to your license being revoked.

If you feel that you have been wrongly accused of drunk driving offenses due to a mistake made when a chemical test was being administered, our traffic lawyers can fight for you. 

Experienced DUI lawyers will help you to be able to avoid spending time in jail, loss of driving privileges, keep a clean driving record or get your case dismissed based on the circumstances revolving around your case.

How a Criminal Defense Attorney Can Help

Here are ways that a qualified criminal defense lawyer can help defend you from when you have recently been through a drunk driving arrest and are facing charges.

  • They can challenge the results of the breath test device or breathalyzer during alcohol testing. The breath test operator may not be qualified hence the breath test administration process was compromised. Also, the breath test instrument could have been damaged at the time of testing.
  • They can question the police officer’s assessment of your level of intoxication if you did not undergo a breathalyzer test
  • Building defense against the field sobriety test. Field sobriety tests are not accurate as results could be as a result of an underlying issue
  • Challenge the blood test by proving the blood test inaccurate. The blood test inaccurate results can be as a result of medication

Also, if you are found guilty, an attorney will help you get a better deal. Helping DUI clients who are facing criminal charges through the legal process is our specialty. We can evaluate your class A misdemeanor charge case and let you know the options you have. We can tell you the different strategies that we can use when you come to us.

If you are facing a license suspension or license revocation our license reinstatement lawyer will represent you during a license reinstatement hearing and help your suspension or revocation lifted or the license suspension period shortened.

Our Dohman Law Group criminal defense attorney serves our clients with traffic-related offenses in the Chicago area of Rolling Meadows, Waukegan, Elgin, Lombard, Aurora, and they have great things to say about us. Let us answer your traffic law questions when you book your initial consultation!

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