Experienced Chicago DUI Lawyers Fighting for Your Rights
01/13/2021
13 minutes of reading
Facing a DUI in Chicago is tough, we get it. The fines, court fees, license suspension, and even possible jail time all add up fast.DUI costs and feescan seriously impact your life, but the right lawyer can make a big difference. We’ll walk you through your options and fight to protect your license. You don’t have to go through this alone.
Our Chicago DUI lawyers at Ktenas Law are committed to building a strong defense strategy just for you. We’ll carefully review every detail of your case, break down your legal options in a way that’s easy to understand, and build a strong defense strategy tailored to your situation. Our goal is to reduce the stress you’re facing while fighting for the best possible result.
Don’t let this charge dictate your future. Contact Ktenas Law today for a free consultation.
Understanding DUI Charges in Chicago
Driving under the Influence (DUI) refers to operating a vehicle while impaired by alcohol or drugs to the extent that it affects the driver’s ability to safely control the vehicle. This impairment can be caused by various substances, including:
Alcohol
The most common cause of DUI charges is driving with a blood alcohol content (BAC) that exceeds the legal limit. In Illinois, a BAC of 0.08% or higher is considered illegal for standard drivers. For commercial drivers and those under the legal drinking age, lower BAC thresholds may apply.
Drugs
Driving under the influence of illegal drugs, prescription medications, or over-the-counter drugs that impair cognitive or motor functions can also result in DUI charges. Drugs that cause drowsiness, affect coordination, or impair judgment are particularly relevant.
Combination of Substances
The combined effect of alcohol and drugs can further impair a driver’s ability to operate a vehicle safely. Even if each substance alone might not put a driver over the legal limit, their combined impact can still lead to a DUI charge.
DUI offenses can vary in severity based on factors such as the driver’s blood alcohol concentration (BAC), previous convictions, and whether any additional factors, such as an accident or injury, are involved. Here are some common types of DUI offenses:
Standard DUI: This is what we typically see for afirst DUI offense. It occurs when a driver is found operating a vehicle with a BAC of 0.08% or higher, or shows signs of impairment due to alcohol or drugs. Generally, this is classified as a Class A Misdemeanor under Illinois law, unless there are other aggravating factors present.
Aggravated DUI: This is a more serious charge that can arise from circumstances such as driving with a BAC significantly higher than the legal limit, having a suspended or revoked driver’s license, or having prior DUI convictions. It can also include situations where the driver is involved in an accident that causes serious injury or death.
Felony DUI: If a DUI offense results in severe consequences, such as the death or serious injury of another person, or if the driver has multiple prior DUI convictions, the charge may be elevated to a felony. Felony DUIs carry harsher penalties and longer potential prison sentences.
Commercial DUI: This applies to commercial drivers with a BAC of 0.04% or higher, which is lower than the standard legal limit for non-commercial drivers. Commercial drivers face stricter regulations and penalties due to the additional responsibility of transporting goods or passengers.
Underage DUI: For drivers under the legal drinking age, typically 21, any detectable amount of alcohol in their system can result in a DUI charge. The legal limit for underage drivers is often set at 0.02% or lower, reflecting zero tolerance for underage drinking and driving.
Drug-Related DUI: This type of DUI involves driving under the influence of drugs, whether they are illegal drugs, prescription medications, or over-the-counter drugs. The impairment caused by these substances can be detected through field sobriety tests and chemical analysis.
Each type of DUI offense carries different legal consequences and penalties, which can include fines, license suspension, community service, and imprisonment. The specific charges and penalties depend on the circumstances of the offense and the driver’s history.
Arrest and Booking. When facing a DUI, the initial step involves arrest and booking. This typically includes field sobriety tests and breathalyzer tests, followed by initial detainment. Understanding this process is key for your defense attorney.
License Suspension. An immediate consequence of a DUI arrest in Illinois is a statutory summary suspension of your driver’s license by the Secretary of State. This administrative action is separate from any criminal penalties and can significantly impact your driving privileges.
Charges and Arraignment. Following your arrest, formal DUI charges will be filed. The arraignment is your first official court appearance, where you will enter a plea. Our criminal defense attorney will guide you through this critical stage.
Pre-Trial Proceedings. Before a trial, several pre-trial proceedings occur. These include motions to suppress evidence, discovery where both sides exchange information, and plea deal negotiations aimed at resolving the case without a trial.
Penalties for DUI Charges
Penalties for DUI charges in Chicago can vary widely depending on several factors, including the specifics of the offense, the driver’s criminal history, and whether any aggravating factors are involved. Here’s a general overview of what to expect:
First DUI Offense
For a first DUI offense, the penalties typically include:
Fines: Up to $2,500, though fines may be lower depending on the court’s decision.
Jail Time: Up to 1 year, but often, first-time offenders may receive probation instead of jail time.
License Suspension: A minimum of 1 year suspension of driving privileges, though the driver may be eligible for a restricted driving permit.
Mandatory DUI Education: Enrollment in a DUI education or treatment program, which may include alcohol counseling.
Community Service: Up to 480 hours of community service.
Second DUI Offense
For a second DUI offense within 20 years, the penalties are more severe:
Fines: Up to $2,500.
Jail Time: Minimum of 5 days to 1 year in jail. Some cases may result in mandatory jail time, even for second offenses.
License Suspension: A minimum of 5 years suspension of driving privileges.
Mandatory DUI Education: More intensive DUI education or treatment programs.
Community Service: Up to 240 hours.
Third and Subsequent Offenses
For a third or subsequent DUI offense, the penalties are even harsher:
Fines: Up to $25,000.
Jail Time: 3 to 7 years in prison, depending on the circumstances and whether the offense is classified as a felony.
License Suspension: Permanent revocation of driving privileges in many cases.
Mandatory DUI Education: Required participation in long-term DUI education or treatment programs.
Community Service: Up to 240 hours or more.
Aggravating Factors
Aggravating factors can significantly increase the severity of penalties:
High BAC: If the BAC is 0.16% or higher, additional fines and longer jail sentences may apply.
Accidents: Involvement in an accident causing injury or death can lead to felony charges and longer prison sentences.
Child Endangerment: Having a minor in the vehicle at the time of the offense can result in more severe penalties.
Additional Consequences
Regardless of the specific penalties, DUI convictions can also lead to:
Increased Insurance Rates: Significant increases in auto insurance premiums or even the inability to obtain coverage.
Criminal Record: A DUI conviction results in a permanent criminal record, which can impact employment opportunities and other aspects of life.
The exact penalties for a DUI charge in Chicago can vary based on the individual case and the judge’s discretion.
Navigating DUI charges can be complex, but several core legal defenses offer pathways to challenge allegations:
Lack of Probable Cause: The initial stop or subsequent arrest must be legally justified. If the police officer lacked a valid reason to pull you over or arrest you, any evidence gathered afterward (including test results) may be inadmissible in court. This also extends to how officers administer Field Sobriety Tests (FSTs) – if not done correctly, the results can be challenged.
Inaccurate Testing: Breath and blood tests are susceptible to errors. This can stem from medical conditions, improper machine calibration, operator error, contamination of samples, or issues with how the evidence was handled.
Medical Conditions: Certain health issues can mimic signs of intoxication (like slurred speech or unsteady gait) or directly interfere with breath test results, leading to a false positive for alcohol. It’s crucial to disclose any relevant medical conditions to your legal team.
Procedural Errors: Law enforcement must follow strict protocols during a DUI arrest and evidence collection. Any significant deviation, such as failing to read Miranda rights before questioning, improper administration of FSTs, or issues with police training, can weaken the prosecution’s case or even lead to charges being dropped.
Illegal Search: Evidence obtained through an unlawful search of your vehicle or person, without probable cause or a warrant, can be excluded from trial.
Each DUI case is distinct. A skilled legal team will meticulously review the specifics of your arrest, identify any potential violations of your rights or errors in procedure, and develop the strongest possible defense strategy tailored to your situation.
How a DUI Lawyer Can Help
When facing DUI charges, the complexity of the legal system and the severe potential consequences make professional legal representation invaluable. Ktenas Law’s DUI defense attorneys go beyond the basic steps to offer comprehensive support and strategic advocacy. Here’s a more detailed look at how we can help:
Case Evaluation: We assess the strengths and weaknesses of your case.
Defense Development: Our team creates a customized strategy to challenge the prosecution’s claims.
Court Representation: We advocate on your behalf during arraignments, pre-trial hearings, and trials.
Negotiation: We pursue plea deals or reduced charges when it’s in your best interest.
Expungement Guidance: We can help you pursue record expungement if you qualify, allowing you to keep your criminal record clean.
At Ktenas Law, our track record of success handling DUIs and other criminal charges shows just how committed we are to our clients. As your trusted Chicago DUI attorney, we take a comprehensive approach, starting with a thorough investigation, offering clear legal advice, and guiding you through every step of the court system. Whether it’s negotiating a deal or fighting for you in court, we work hard to build the strongest possible defense and give you the best shot at a favorable outcome.
What should I do if I am arrested for a DUI in Chicago?
If you are arrested for a DUI in Chicago, it is crucial to remain calm and cooperate with law enforcement, but exercise your right to remain silent and request a lawyer immediately. Avoid making any statements or answering questions without legal counsel present. Do not refuse chemical testing, as this can lead to an automatic driver’s license suspension.
What are the potential outcomes of a DUI charge?
A DUI charge in Chicago has various possible outcomes, depending on your case specifics:
Dismissal: Charges can be dropped if evidence is weak, rights were violated, or through negotiation.
Reduced Charges: Your DUI might be lowered to a lesser offense.
Conviction: Penalties include fines, license suspension, probation, or jail, with severity increasing for repeat offenses or aggravating factors.
License Suspension/Revocation: This is a common consequence.
DUI Programs: Mandatory education or treatment.
Can a DUI conviction be appealed or expunged?
While appealing a DUI conviction is possible, expungement is generally not an option for DUI convictions in Illinois. However, a criminal attorney can explore all avenues for post-conviction relief or sealing other related criminal charges.
Secure Your Future After a DUI Charge
Facing a DUI charge in Chicago is undeniably overwhelming, especially if it’s your first DUI. But with the right legal help, you can effectively address the challenges ahead. Our dedicated DUI lawyers are here to offer guidance and fight tirelessly for your rights throughout the entire legal process. We understand the significant impact this can have on your life, potentially leading to consequences far beyond a simple reckless driving charge, and we are deeply committed to protecting your future.
Don’t hesitate to reach out to our legal team. This is your crucial first step toward building a strong defense tailored to your unique circumstances. Let our commitment and experience work for you in overcoming your DUI charge and securing the best possible outcome.
Don’t wait—call (312) 800-1626 now for your free consultation and start building your defense.
