Drunk Driving Defense Attorney Protecting Your Rights in Tinley Park, IL
Driving under the influence (DUI) is a serious crime in Illinois. A conviction on DUI charges can result in multiple types of serious penalties. However, simply being arrested for DUI can also lead to penalties, and even if a person is never convicted, they could face the suspension of their driver’s license or other issues that may affect their reputation, their career, and their daily life. Whether DUI charges arise from the use of alcohol, drugs, or a combination of substances, a DUI conviction can change a person’s life forever, resulting in issues that could affect them for years to come. Understanding the legal rights that apply to people who have been stopped or arrested for DUI is essential, and an experienced DUI defense lawyer can provide invaluable legal help in these cases
Fotopoulos Law Office provides effective legal guidance and a strong defense for those who are facing DUI charges. If you have been pulled over on suspicion of intoxicated driving, asked to take field sobriety tests or roadside breathalyzer tests, arrested by police, taken chemical tests of your blood alcohol content or controlled substances in your system, or charged with DUI, we can help ensure that your rights will be protected throughout the legal process. We will advocate for solutions that will allow you to avoid serious penalties and move forward with your life.
Understanding DUI Charges
In Illinois, you can be charged with DUI if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. DUI charges may also apply if you exceed the legal limit for THC (the active ingredient in marijuana) or if you have other controlled substances in your system. In fact, you could even face charges based on any substances that have caused impairment to a degree that you cannot drive safely, regardless of whether you exceed BAC or THC limits or have used drugs. Impairment may be based on the use of alcohol, marijuana, prescription medications, over-the-counter drugs, illegal substances, or a combination of any of these substances.
Penalties for DUI in Illinois
If you are charged with DUI, the specific penalties you may face will depend on several factors, including whether you have any previous DUI convictions, the presence of a minor in the vehicle, and whether the incident resulted in injury or death. Here are the consequences that may apply for different types of DUI offenses:
- First-time DUI: If you do not have any previous DUI convictions, you may be charged with a Class A misdemeanor. While this may seem to be a minor offense, if you are convicted, you could be sentenced to up to one year in jail and required to pay fines of up to $2,500, and your driver’s license may be revoked for at least one year.
- Second-time DUI: If you have one previous DUI conviction, you may still be charged with a Class A misdemeanor, but you may face a minimum sentence of five days in prison or 240 hours of community service. Your driver’s license will be revoked for at least five years.
- Third or subsequent DUI: If you have at least two previous DUI convictions, you will face felony charges. The minimum sentence for a third or fourth DUI conviction is usually three years, and the potential sentences increase with each subsequent conviction. Felony charges also carry a maximum fine of $25,000. You may also face a driver’s license revocation for 10 years or life.
- Aggravated DUI: Certain circumstances may cause a DUI charge to be elevated to a felony, even for a first or second DUI. These cases may include DUI resulting in great bodily harm or death, DUI with a revoked license, or DUI with a child passenger under the age of 16. Depending on the severity of the offense, an aggravated DUI may carry a sentence of at least one year in prison, up to $25,000 in fines, longer periods of license revocation, and other penalties.
Defense Strategies in DUI Cases
At Fotopoulos Law Office, we help our clients understand the defense strategies that may be used to help prevent a DUI conviction or mitigate the potential penalties that may apply. Some of the strategies may include:
- Challenging the traffic stop: A police officer must have a valid reason for pulling someone over, such as witnessing a traffic violation. It may be possible to argue that the initial traffic stop was unlawful, and any evidence gathered during the stop may be suppressed.
- Questioning field sobriety tests and chemical tests: Officers may ask drivers to perform field sobriety tests or take portable breathalyzer tests to establish probable cause to arrest a person for DUI. It may be possible to challenge the administration of these tests, as well as the chemical tests of a person’s breath, blood, or urine performed after an arrest.
- Negotiation with prosecutors: We can help determine whether plea bargains or other agreements may be reached to reduce the charges against a person, avoid a DUI conviction, and limit the penalties that may affect a person and their driver’s license.
Contact Our Tinley Park, IL DUI Defense Attorney
At Fotopoulos Law Office, we can help you determine the best approach to take when defending against DUI charges. We will work to protect against a conviction and help you regain your driving privileges as soon as possible. Contact us today at 708-942-8400 to schedule a free consultation.
