The importance of having an Illinois DUI attorney if you are arrested cannot be discounted. Your freedom, in many cases, can depend on it. If you are charged with driving under the influence, you simply must contact a qualified DUI attorney as soon as possible.
You may be asking: why? Can’t I handle this on my own?
The answer is no; not if you care about your freedom and keeping your driving privileges. Here is why it is so important to have an attorney working on your side.
In this state, driving under the influence is legally defined as any person who is operating a motor vehicle while under the influence of alcohol or drugs. The legal limit in this state is 0.08 blood alcohol content (BAC).
Even if you refuse the various alcohol tests, you can still be arrested if the police believe you are over the limit. Refusing to take a breath, blood, or urine test will not keep you out of jail.
DUI Penalties in Illinois:
As any Illinois DUI attorney will tell you, the punishments can be harsh in this state. Generally, the specific punishment a driver gets will depend on several factors.
If you are under the age of 21 and convicted of driving under the influence, you will lose your license immediately. The blood alcohol limit for minors is zero!
If you are over 21, you, too, can lose your license immediately.
For commercial drivers, the limit is only 0.04 before license suspension is possible.
If you are a first time offender, the following penalties may be handed down:
- An automatic three-month license suspension
- Imprisonment up to one year, loss of license for one year, and fines in excess of $2,500
- Additional penalties can be imposed if you were carrying a minor in the vehicle at the time or if your BAC was 0.16 or more.
Second or More Offense:
- Penalties increase in this state depending on the number of offenses a person may have on record. For a second offense:
- Charged with a Class A misdemeanor
- Five days of mandatory jail time
- Jail time can be changed to 240 hours community service if judge allows it
- Revocation of vehicle registration and loss of license
Your DUI attorney is a crucial part of your legal defense if you are facing a third conviction. This is because at this level, the charges become felonies. If convicted, you can lose your license for life and face very severe jail time and fines.
An attorney can also help you through the other problems associated with this type of arrest. For instance, you may have your vehicle impounded, you may have to pay court costs, and you may have to serve community service time. Your lawyer can help, in many cases, to get these penalties lessened or even dismissed.
Your lawyer can also be very helpful when it comes to trying to plea bargain a lesser charge. This one act alone can be worth his or her fee. By working with the district attorney, your lawyer may be able to have certain charges dismissed altogether. Now, this does not happen all of the time, but it is possible.
The best time to contact a DUI attorney is as soon as possible after your arrest. You have a right to contact a lawyer under the US Constitution, and this would be an excellent time to exercise that right.
If you cannot secure a lawyer at the time of arrest, try to have one before your arraignment hearing. Your Illinois DUI attorney will help you plan your best defense and will present your case to the court. Something you should not attempt on your own.
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