If you’ve been charged with driving under the influence (DUI) in Illinois, you’re probably wondering if you should hire an attorney. The short answer? Absolutely. The law doesn’t require you to have legal representation, but if you turn up to court without it, the judge will likely tell you to come back with a lawyer.
And that’s for good reason — a DUI is not like a parking ticket. It’s a serious charge that can have major consequences. It’s never something you should handle on your own.
Below, we explain what’s at stake when you’re facing DUI charges and highlight the benefits of hiring a DUI attorney.
We’ll be the first to admit it — we’re a little biased. But our insights are based on over 114 years of experience trying thousands of cases and helping Illinoisans like you get the best outcomes.
What’s at Stake When You’re Charged with DUI in Illinois?
To understand the benefits of hiring a DUI attorney in Illinois, you need to know what immediate penalties and long-term repercussions you could face if convicted.
The penalties for a DUI conviction in Illinois vary depending on the legal representation you choose, whether it’s your first offense and the type of offense you’re charged with.
If you’re convicted of a misdemeanor DUI, you could face jail time and fines of up to $2,500. The length of the jail term depends on whether it’s your first or second offense. If it’s your first DUI, a DUI attorney can likely negotiate court supervision — where the court will supervise you for a period of time. If you pass this period without any further violations, the conviction will not go on your record.
But whether you get court supervision is up to a judge, so it’s not guaranteed. It’s also only available once and only for misdemeanor offenses.
That brings us to the second type of DUI charge: a felony.
Felony charges are more severe, and the penalties reflect that. Third and subsequent DUIs will be charged as felonies, but even a first DUI can be a felony in certain circumstances.
The penalties for a felony DUI in Illinois begin at 1-3 years in jail for a class 4 felony to 6-30 years for a class X felony. All classes of felony DUIs also carry a potential fine of up to $25,000.
Even at a misdemeanor level, a DUI is a criminal offense. Make no mistake: if you are convicted, you will get a criminal record. Even if you avoid jail and a hefty fine, a criminal record can have long-term consequences. These can include difficulty finding work, getting scholarship funding for college, and traveling.
If you hold a professional license to do your job, such as if you’re a teacher, real estate agent, doctor, or nurse, you could also face disciplinary action, affecting your ability to practice.
These are all real consequences of a DUI conviction. Here’s how a DUI attorney can help.
Developing the Right Strategy for You
Being charged with a DUI is serious, and it’s only natural to be worried about losing your job or going to jail.
A DUI attorney will reassure you and clearly explain where you stand and what you’re facing.
Fortunately, if it’s your first DUI, jail time is rare, but it’s not completely off the table. That’s why hiring a DUI attorney is crucial. They will negotiate with prosecutors to get the right result for you. And that result will depend entirely on your situation.
For example, if you, priority is to avoid going to jail and it’s your first DUI offense, outside of a dismissal or not guilty, court supervision might be the best option.
But if you’re a professional driver with a commercial driver’s license (CDL), court supervision could actually put your job at risk. In this case, an attorney might negotiate a reckless driving charge instead. It’s still a misdemeanor offense and carries the same penalties, but crucially, your CDL won’t be revoked.
A DUI attorney may be able to get your charge dropped or win your case in court. There are many strategies your lawyer might use, but the best and most effective defense strategy will be personalized to you. For example, your lawyer might challenge the legality of a police officer arresting you who didn’t have a valid reason for pulling you over. They might also hire expert witnesses to testify about a specific issue in your case.
For more serious offenses or where the evidence against you is strong, a DUI attorney will try to reduce the penalty by highlighting your character and willingness to take responsibility. This can have a big impact, sometimes making the difference between jail time and probation.
Ultimately, the right defense for you will depend on your driving history, the charges against you, your priorities, and the facts of your case. An Illinois DUI attorney is the best person to explain where you stand and get the right result for you.
They Know the Law — and the Courts
Illinois DUI law is complicated. Even if you read up on the law and your rights, it’s constantly evolving.
When you hire an experienced DUI attorney, you get peace of mind that interpreting the law is what they do.
When you choose the right law firm — like Driver Defense Team, where DUIs and traffic tickets are all we do — you know you’re working with an attorney who’s handled thousands of DUI cases before yours.
They know how a strategy might play out because they’ve successfully executed it before. They know the expert witnesses in your county whose testimony could tip the scales in your favor. They also know the prosecutors, the judges, and the court staff — because they practice in these courtrooms every day.
That might not sound like a big deal, but relationships go a long way. A good working relationship with the prosecutor on your case could help you get a better deal than an adversarial one. Presenting the evidence in a particular way to a judge who has certain preferences helps you make a better impression and can have a big impact on your case. When the judge is the person ruling over your case, you should never underestimate the benefit of hiring a DUI attorney who knows how to stay on a judge’s good side.
A DUI Attorney Can Help You Stay on the Road
When you’re charged with a DUI in Illinois, it’s not just the potential criminal penalties you have to worry about. Your license is also set to be suspended. This is an administrative penalty separate from your criminal DUI charge, called a statutory summary suspension. The length of this suspension varies based on whether it’s your first DUI and if you take a breathalyzer test.
If this is your first DUI, your license will be suspended for six months if you take a breathalyzer and fail and 12 months if you refuse.
If it’s your second or subsequent DUI in five years, you’ll be suspended from driving for one year if you take and fail the test or three years if you refuse.
When you get a statutory summary suspension, you don’t have to worry about being unable to drive to work in the morning, take your kids to school, or run errands. That’s because your license suspension won’t kick in immediately. Instead, you’ll be issued a temporary permit, valid for 45 days. On the 46th day, your license suspension will take effect.
From here, you have several options.
Challenging the Suspension
A DUI attorney can help you challenge the statutory summary suspension by filing a “Petition to Rescind”. You have 90 days to do this, but it’s always better to get the process started as soon as possible.
Why?
Because once you get your notice of statutory summary suspension (usually when you’re charged), the clock starts ticking. If you leave it too late, you risk being unable to drive when your suspension kicks in — even if you have grounds for getting your suspension overturned.
There are several reasons you might be able to contest a statutory summary suspension, including:
- You were not told what would happen if you refused a breathalyzer test
- You weren’t given the opportunity to refuse a test
- You were not properly placed under arrest
- The police did not have probable cause to pull you over.
Keeping Your Driver Privileges Once the Suspension Kicks in
You might not have grounds to challenge your suspension, but that doesn’t mean you have to admit defeat and prepare to be unable to drive for the foreseeable future.
You might be eligible for a special permit to drive during your summary suspension — but only if it’s your first offense. This permit is called a Monitoring Device Driving Permit (MDDP). It requires you to install a Breath Alcohol Ignition Interlock Device (BAIDD), which is like having a breathalyzer test in your car.
You’ll need to blow into the device and have a breath alcohol concentration of less than .025 before the ignition will start. As long as you’re below this limit, you can drive anywhere, anytime, during your suspension.
If you rely on being able to drive for work, childcare, medical appointments, or education, keeping your driving privileges is crucial. The benefit of a DUI attorney in Illinois is that they can explain your available options and work to keep you on the road legally.
The Cost of Not Having a DUI Attorney
Some people delay the decision to hire a DUI attorney because of the upfront cost. And that’s completely understandable. But when you’re against the clock, hiring an attorney sooner rather than later is never a decision you’ll regret.
The only difference is time. An attorney can do far more in a few months than a few days. This gives your lawyer the time they need to gather evidence, build the best defense, and negotiate a result that works for you.
Our clients tell us all the time that simply hiring Driver Defense Team to represent them lifts some of the stress from their shoulders. They know they have the best DUI attorneys fighting their corner. For many, that feeling alone is worth it.
Why Choose Driver Defense Team?
Whatever your situation, we invite you to get in touch to tell us what you’re facing. We’ll let you know how we can help and how much you will pay. We don’t bill by the hour. You’ll pay a flat fee, no matter how many hours we work on your case or how many times we appear in court on your behalf.
We have over 114 years of combined experience handling DUI and traffic cases throughout Chicagoland. And the best part is, when you choose us, you don’t just hire one lawyer — you get our entire team working on your case.
A DUI is a serious charge, but it doesn’t have to define your life. Contact Driver Defense Team today to get your free, no-obligation quick quote and let us develop a custom GamePlan for your case.
The post Why You Should Get an Attorney for a DUI in Illinois appeared first on driverdefenseteam.com.