DUIs Should Not Be Taken Lightly – Chicago DUI Defense Attorney Andrew Weisberg is Skilled and Aggressive
Every year, thousands of individuals in Chicago and the surrounding areas are arrested for driving under the influence (DUI) of alcohol or drugs. A DUI arrest can lead to severe consequences, including the loss of your driver’s license, significant fines, and even jail time. When facing such charges, it is crucial to have a skilled and aggressive DUI defense attorney on your side. Andrew M. Weisberg is an experienced DUI lawyer who knows the intricacies of Illinois DUI laws and can provide the strong defense you need.
Illinois DUI Laws: What You Need to Know
In Illinois, DUI laws are governed by 625 ILCS 5/11-501. Under this statute, it is illegal to operate a motor vehicle if your blood alcohol concentration (BAC) is 0.08% or higher. However, you can also be charged with DUI if your BAC is lower than 0.08% if the officer believes you are impaired by alcohol, drugs, or a combination of both. This includes both illegal drugs and legal substances, such as prescription medications, if they impair your ability to drive.
Illinois also has a zero-tolerance policy for drivers under the age of 21. This means that any detectable amount of alcohol in their system can result in a DUI charge.
Penalties for DUI in Illinois
DUI offenses in Illinois can be classified as either misdemeanors or felonies, depending on the circumstances. The penalties vary based on factors such as prior offenses, the presence of aggravating factors, and whether anyone was injured or killed as a result of the DUI.
First Offense DUI (Class A Misdemeanor)
- Jail Time: Up to 364 days
- Fines: Up to $2,500, plus court costs
- License Suspension: Minimum of 6 months
- Community Service: Mandatory 100 hours if your BAC was 0.16% or higher
- Alcohol Education Program: Required as part of your sentence
Second Offense DUI (Class A Misdemeanor)
- Jail Time: Up to 364 days, with a mandatory minimum of 5 days or 240 hours of community service
- Fines: Up to $2,500, plus court costs
- License Revocation: Minimum of 5 years
- Mandatory Alcohol Treatment: Required as part of your sentence
Aggravated DUI (Class 4 Felony and Higher)
A DUI can be elevated to a felony, known as an “aggravated DUI,” under certain circumstances:
- Third DUI Offense: Class 2 felony, punishable by 3 to 7 years in prison and fines up to $25,000.
- DUI Resulting in Death: Class 2 felony, with a mandatory prison sentence of 3 to 14 years.
- Driving with a Suspended or Revoked License: Class 4 felony, punishable by 1 to 3 years in prison.
- DUI with a Child Passenger Under 16: Class 4 felony, punishable by 1 to 3 years in prison.
In addition to these penalties, a felony DUI conviction can result in the forfeiture of your vehicle, mandatory installation of a Breath Alcohol Ignition Interlock Device (BAIID), and permanent revocation of your driver’s license.
Enhanced Penalties for DUI with Aggravating Factors
Illinois law imposes harsher penalties for DUI cases involving certain aggravating factors. These factors can include:
- Driving with a BAC of 0.16% or higher: This results in increased fines and mandatory community service.
- DUI While Transporting a Child Under 16: This can lead to additional penalties, including a longer jail sentence and higher fines.
- DUI Resulting in Bodily Harm or Death: These cases are treated with the utmost severity, often leading to long-term imprisonment and significant fines.
Consequences Beyond the Courtroom
The consequences of a DUI conviction extend far beyond the courtroom. If convicted, you will have a permanent criminal record, which can affect various aspects of your life, including:
- Employment Opportunities: Many employers conduct background checks, and a DUI conviction can limit your job prospects.
- Higher Insurance Rates: A DUI conviction will likely result in significantly higher car insurance premiums.
- Loss of Professional Licenses: Certain professions, such as those in healthcare or law, may revoke your license to practice if you are convicted of a DUI.
Defending Against a DUI Charge
DUI cases are often complex and require a thorough understanding of Illinois law. As a former prosecutor, Andrew M. Weisberg knows how the other side thinks and can anticipate the prosecution’s strategies. He will meticulously examine every detail of your case to build a strong defense. Possible defense strategies may include:
- Challenging the Traffic Stop: If the officer did not have probable cause to pull you over, any evidence obtained during the stop may be inadmissible in court.
- Questioning the Accuracy of Field Sobriety Tests: Field sobriety tests are subjective and can be affected by factors such as weather, footwear, and medical conditions.
- Disputing Chemical Test Results: Breathalyzer machines and blood tests are not infallible. Improper calibration, maintenance issues, or incorrect administration of the tests can lead to inaccurate results.
What to Do If You’re Arrested for DUI
If you are arrested for DUI in Illinois, it is crucial to take immediate action to protect your rights. Here are some steps you should take:
- Remain Calm and Cooperate: Do not resist arrest or argue with the police. Doing so can lead to additional charges.
- Do Not Incriminate Yourself: You have the right to remain silent. Do not answer any questions or make any statements without first consulting with an attorney.
- Contact a DUI Attorney: As soon as possible, contact an experienced DUI defense attorney like Andrew M. Weisberg to discuss your case and begin building your defense.
Contact Chicago DUI Defense Attorney Andrew M. Weisberg
If you have been arrested for DUI in Chicago or the surrounding areas, you need an experienced attorney who will fight for your rights and work tirelessly to achieve the best possible outcome. Andrew M. Weisberg has a proven track record of successfully defending clients against DUI charges.
To reach Mr. Weisberg quickly and directly, call his cell phone 24/7 at (773) 908-9811, or fill out the Case Review form on our website. The consultation is free, and Mr. Weisberg will provide you with the strong defense you need to protect your future.
