Getting convicted of a DUI in the state of Illinois can have a serious impact on your life. A DUI is considered a criminal offense and can be punishable by jail time and a large fine. Furthermore, whenever you are arrested for DUI your license is subject to suspensions and can possibly be revoked.
A good Illinois DUI lawyer can help you get your license back and prevent your license from being revoked. Also, a good DUI lawyer will be able to prevent the prosecutor and the police from preventing evidence against you and can get certain evidence thrown out.
It is very important to go with an experienced DUI lawyer if you are charged with Driving under the influence of alcohol. A skilled DUI lawyer will keep you out of jail and will be able to get you your license back. They will understand all the rules and procedures that the police have to follow and will be able to attack the prosecutors’ case against you.
How can an Illinois DUI Lawyer help you?
The importance of an experienced DUI lawyer cannot be understated, for it is very valuable to use an attorney who is well versed in both criminal and DUI laws. An effective DUI lawyer will evaluate the charges against you and be able to defend you against them.
A good DUI lawyer will not allow the prosecutor to use misleading evidence and will force the prosecutor to their high burden. They will also be able to get evidence thrown out before trial and be able to file motions and conduct hearings in order to get your license back. An experienced DUI lawyer will be able to fight the charges against you and not let them ruin your life.
How to identify a good Illinois DUI Attorney?
A good DUI lawyer must understand the rules of evidence and how to properly conduct both Jury trials and bench trials. Understanding criminal laws and criminal procedures are important for several reasons. A good DUI attorney must be able to evaluate the strengths and weaknesses of a DUI case in order to understand how to properly proceed with the case. Equally as important, a DUI lawyer must know the ins and outs of Illinois traffic laws and procedures. A DUI lawyer must know the procedures that police officers need to follow in order to conduct a DUI investigation.
A DUI lawyer must be well versed in the National Highway Traffic Safety Administration codes and procedures as well. A good DUI lawyer must know how to hold the prosecutor to their burden of proof for trial and must also know all the procedures and requirements for the prosecutor to introduce a breathalyzer sample into a trial. In short, a DUI attorney is someone who has a great understanding of the criminal and traffic laws and procedures in Illinois.
The offense of Driving Under the Influence of Alcohol is considered a criminal offense because it can be punishable by jail, however, the nature of the offense of driving under the influence of alcohol is traffic related. What that means is that a good DUI lawyer will understand both criminal and traffic law very well. It is very important to be well versed in both areas of the law for several reasons. A good DUI lawyer should have a vast understanding of criminal laws and criminal procedures.
How do DUI Attorneys work?
A DUI attorney will start working immediately upon speaking with the client. The first and most important thing that a DUI attorney will generally do is file a ‘’petition to rescind statutory summary suspension.’’
This is a motion asking the judge to get your license unsuspended. Next, the attorney will file various motions including, but not limited to: motions for discovery, motions to preserve videos, filing an appearance, and filing a demand for trial.
After a DUI lawyer receives police reports and is able to obtain any police videos, the attorney will spend hours reviewing all the evidence and will review the laws as well.
An Illinois DUI attorney will evaluate many aspects of the case including:
- Is there enough evidence to convict you of DUI?
- Does the police had any probable cause to pull you over?
- Does the police officer follow NHTSA guidelines and regulations?
- The validity of your license suspension
- Performed poorly on standardized field sobriety tests
- Whether you submitted to a breathalyzer and if the procedures for the breathalyzer were proper as well
After that, the attorney can file additional motions or conduct several different hearings in order to get you your license back or to get evidence thrown out.
Finally, after all that, an experienced defense attorney will evaluate whether your case should be a jury or a bench trial and will consult with you about what you would prefer.
During the trial, an effective DUI attorney will be able to cross-examine the police officers and point out any inconsistencies in his case. An Illinois DUI attorney will be able to present evidence to show that you were not intoxicated or that you were not driving and will be able to hold the prosecutor to a very high burden.