DUI LawyerDuPage County

Many people find themselves facing the Illinois criminal justice system for the first time due to a DUI charge. Being caught driving under the influence of alcohol or drugs may lead to misdemeanor or felony charges, bringing about severe repercussions like substantial fines, potential loss of your driver's license, and the possibility of jail or prison time.

Experienced DUI / DWI Defense Attorney for DuPage County

If you face DUI charges in DuPage County, it's crucial to understand that navigating the complexities of such cases often requires legal expertise. Expertise is exactly what Hanauer Law offers; we specialize in defending those accused of DUI, equipping them with the knowledge necessary to challenge the charges. The guidance and support of a practiced DUI lawyer in DuPage County can substantially impact the resolution of your case.

Understanding DUI Laws in DuPage County, Illinois

Defining DUI and its Legal Thresholds

In Dupage County, a DUI (Driving Under the Influence) occurs when:

You operate a vehicle with a blood-alcohol content (BAC) of 0.08% or higher
You drive with an illegal level of drugs in your system
For commercial drivers, the BAC threshold is lower at 0.04%
For drivers under the age of 21, any alcohol in the system is illegal (zero tolerance)

Consequences of a DUI Conviction

For a first offense, you may face the following:

Mandatory suspension of driving privileges for a minimum of six months
Fines up to $2,500
Though not mandatory, you can be sentenced to up to one year in jail

Repeat offenses carry increasingly severe penalties, including longer jail times, higher fines, and extended license suspensions. Knowing that a DUI conviction may stay on your record, impacting future employment and car insurance rates, is vital.

Drunk Driving Offenses Vs. Typical Traffic Violations

In DuPage County, Illinois, you might encounter a range of driving-related incidents on the road. However, distinguishing between common traffic violations and more severe drunk driving offenses is essential.

Common traffic violations generally result in a citation and a fine. These violations include:

Speeding
Running a red light
Ignoring stop signs

Drunk driving offenses are treated with much more severity due to their substantial risk to public safety. To reiterate, different Illinois drivers have unique legal blood alcohol concentration (BAC) limits:

Under 21 years old: No tolerance, 0.00% BAC
School Bus Drivers: No tolerance, 0.00% BAC
Commercial License Holders: Up to 0.04% BAC
21 years and older: Up to 0.08% BAC

When does a DUI become a felony?

In Illinois, the transition from a DUI being a misdemeanor to a felony hinges on several specific factors, including prior offenses and the presence of aggravating circumstances.

Misdemeanor DUI

A DUI is typically classified as a misdemeanor when it is your first or second offense, and no aggravating factors are present. For instance:

First DUI Offense: Generally a Class A misdemeanor
Second DUI Offense: Usually a Class A misdemeanor unless there are aggravating circumstances

However, certain conditions can elevate a misdemeanor to a felony even at this level.

Felony DUI

A DUI becomes a felony, known as Aggravated DUI, under the following conditions:

Third or Subsequent Offense: Classified as a Class 2 felony
DUI With License Suspensions: Committing DUI with a suspended or revoked license due to a prior DUI
DUI Resulting in Bodily Harm: If the incident results in great bodily harm, permanent disability, or disfigurement, it's a Class 4 felony
DUI With a Passenger Under 16: If a child under 16 is in the vehicle at the time of the offense, it becomes a felony

Be aware that penalties sharply increase for felony DUIs, including potential imprisonment, significant fines, and a longer license suspension period.

Sequence of Actions Before a DUI Arrest

Before you are arrested for a DUI in DuPage County, Illinois, the police must adhere to a series of steps, which, if not properly followed, can affect the outcome of your case.

Initially, an officer needs legitimate justification to stop your vehicle. This suspicion arises from direct observation of erratic driving or any other indicator suggesting impairment. The same rule applies if you are at a sobriety checkpoint: there must be a sign of potential intoxication before further questioning or tests.

The officer will ask for your license and vehicle registration upon stopping you. The next step is usually to conduct a field sobriety test if they suspect DUI. This test evaluates your physical and cognitive functions and includes:

A balance assessment, such as standing on one leg
A mental agility challenge, like reciting the alphabet backward
An eye-tracking examination to check for nystagmus

If asked, you might also have to take a Portable Breath Test (PBT) on the spot, but remember, its results are not recognized in an Illinois court. Subsequently, if there's an arrest, you'll be subjected to another breathalyzer test at the police station, the Regulation Breath Test (RBT). Unlike the PBT, RBT results can be admitted in court if the breathalyzer has been accurately maintained and calibrated.

Failing the field sobriety tests typically leads to an arrest. Remember that the details of these interactions can be critical, and understanding your rights will prove essential throughout this process.

Finding the Right DUI Lawyer: Choose Hanauer Law

When facing DUI or DWI charges, selecting an adept attorney who understands the intricacies of such cases is crucial. At Hanauer Law in Peoria, legal expertise and a commitment to justice are foundational to our approach to representing your interests.

For example, field sobriety tests are not infallible indicators of impairment and may yield unreliable results. Whether it's a flawed breathalyzer, contaminated evidence, or other laboratory errors, these factors could bring charges against you unjustifiably. A practiced attorney from Hanauer Law can identify and challenge these issues.

When you choose us to represent you, you’ll benefit from lawyers who successfully navigate the complexities of DUI defense. We take a focused approach to each case, recognizing the unique circumstances around your situation, and provide comprehensive guidance through every step of the legal process for clarity and comfort.

Immediate action can be pivotal; engaging with a proficient DUI attorney in DuPage County from Hanauer Law can help safeguard your rights and potentially lead to favorable outcomes. Contact Hanauer Law today to discuss your case.