Elmhurst DUI Defense Attorney

Lawyers Defending Clients Charged With Drunk Driving in DuPage County and Cook County

If you have one too many drinks before you get behind the wheel, your life can be thrown into a tailspin if you are pulled over and arrested for driving under the influence of alcohol, or DUI. You will likely be wondering whether you will lose your license, whether you will be facing fines or jail time, and how your car insurance will be affected.

At the law offices of Kathryn L. Harry & Associates, P.C., our DUI defense lawyers can help you get through difficult times, whether you have been charged with your first DUI or a repeat offense. We will answer your questions and defend you in both criminal DUI cases and Secretary of State license suspension hearings.

Statutory Summary Suspension

If you are pulled over on suspicion of drunk driving, you will likely be asked to take a breath test that measures your blood alcohol content (BAC). If you were arrested after a chemical test found that your BAC was higher than the legal limit of .08%, or if you refused to take a test, you will be subject to an automatic Statutory Summary Suspension of your driver's license. This suspension will take place on the 46th day after you receive a suspension notice, which is often given at the time of your arrest for DUI, or may occur after the results of a urine or blood test are received from a lab.

The length of a Statutory Summary Suspension depends on several factors:

• If a breathalyzer or blood test showed you had a BAC of .08% or higher, you could lose your driver's license privileges for six months to one year, depending on whether you are considered a first-time offender.
• If you refused to take either test, you will face a one year to three-year license suspension, depending on whether you are considered a first-time offender.
• If you have a Commercial Driver's License (CDL) and a test showed you had a BAC of .04% or higher, or if you refused to take a test, your CDL will be disqualified for one year for a first offense, and for life for a second offense.

The term "first-time offender" refers not only to people who have never been previously arrested for DUI, but also to those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of the current arrest.

After you receive a suspension notice, you have a limited amount of time to save your driver's license from the administrative suspension imposed by the Secretary of State of Illinois. If you plan to challenge the suspension in court, you must do so within 90 days after receiving the notice. Our experienced DUI attorneys will review your case in detail and present a Petition to Rescind the Statutory Summary Suspension, if warranted by the facts. If there was no probable cause to pull you over, we may be able to stop the State of Illinois from suspending your driver's license.

Interlock Ignition Devices

If you choose to serve out a Statutory Summary Suspension, and you are a first-time offender, you may be eligible for a Monitoring Device Driving Permit (MDDP), which will allow you to drive for any purpose, not just for work or medical reasons, while your license is suspended. In order to obtain a MDDP, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. This device is similar to a breathalyzer, in that you must blow into the device and register your BAC level before your car will start. You will also be required to blow into the device at various intervals to keep the vehicle in motion. All costs associated with the installation and maintenance of a BAIID will be the responsibility of the driver.

Criminal DUI Charges

In Illinois, a DUI conviction can result in serious consequences, including fines and imprisonment, depending on whether it is a first, second, or subsequent conviction and whether there were any additional factors. In cases of aggravated DUI, which occur whenever a DUI results in felony charges, drivers may be subject to mandatory minimum sentences of jail time or community service.

During a criminal DUI trial, it is the prosecutor's duty to attempt to prove you guilty beyond a reasonable doubt of driving while you were under the influence of alcohol or drugs. However, you should not assume that the prosecutor can prove you are guilty without first speaking to an experienced DUI defense attorney. After fully examining the circumstances of your arrest, we can provide you with your best options for defense, whether you are facing a first time DUI, misdemeanor DUI conviction, aggravated DUI arrest, or a repeat offender charge.

If you choose to plead not guilty, we will confidently take your case to trial, exploring all the forensic, medical, and circumstantial evidence to provide you with a realistic assessment of your case. If you prefer to negotiate a plea agreement, we will represent you with the goal of minimizing the consequences of a guilty plea. In certain cases, we may be able to have the charges reduced to something less serious than DUI, such as reckless driving.

If you have been arrested for DUI, you should contact our Oak Brook DUI defense lawyers as soon as possible at 630-472-9700 to schedule a free consultation. We defend clients in Downers Grove, Lombard, Burr Ridge, Willowbrook, Westchester, and surrounding areas.