DUI Attorney in Chicago Area

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Serving Chicagoland: Cook, DuPage, Will, McHenry, and Lake counties

Arrested for DUI

Time is ticking – you have only 90 days to act.

You only have 46 days from when you were arrested until your license is suspended and you only have 90 days to request a hearing to keep your license.

Penalties for DUI cases in the state of Illinois are quite stringent. In fact, they are one of the most severe in the entire United States. Each person can end up with hefty fines, losing their license to drive, or even serve time in jail for a first-time offense. Cases are handled differently each time, where it can be treated as a simple misdemeanor or a felony.

ILLINOIS STATE LAWS ON DUI

Under Illinois State Law, all individuals under the influence of substances that alter perception are not allowed to operate a motor vehicle. This applies to alcohol, medical marijuana, various controlled substances, and illegal drugs. The state is quite strict in its implementation of these laws, with a No Tolerance Policy for first-time offenders and minors.

DUI laws in Illinois are considered as Implied Consent. When a driving license is granted, license holders implicitly agree to abide by the law and its stipulations. This includes being subjected to field sobriety tests like providing breath, blood, or urine samples to test for level of intoxication.

Remember, you shouldn’t do anything if you are pulled over for a DUI:

  • Never admit to drinking
  • Never consent to Field Sobriety Tests
  • Never submit to a breathalyzer, blood, or urine test.

Do not allow the Police to intimidate you, you have rights.

We defend clients against all types of driving under the influence charges such as:

  • DUI Alcohol
  • DUI Drugs
  • Felony DUI
  • Underage DUI
  • DUI & Driver’s License Suspension

KNOW YOUR RIGHTS

Ask an attorney for legal advice. Call today (708) 688-4000

DRUNK DRIVING

The legal limit for blood alcohol content (BAC) is different for different types of drivers. Generally speaking, people are not allowed to operate any motor vehicle when their BAC is 0.08 or over. Meanwhile, the legal BAC limit for commercial drivers is 0.04. For minors, this goes down further to 0.0, which means they are not allowed to intake alcohol at all. But there are exceptions, including religious events that require alcohol consumption or prescription medication that contain alcohol. In such cases, they must still follow the general BAC limit of 0.08.

MEDICAL MARIJUANA

The use of medical marijuana is legal in Illinois. Individuals have to present a registry card provided by the Illinois Department of Public and confirmed by a licensed physician to be allowed to carry medical marijuana. However, just like alcohol, individuals are still not allowed to operate motor vehicles while under the influence. Transport of cannabis is also prohibited unless it is placed in a sealed container and is inaccessible to the driver while driving. When under suspicion of being under the influence, the driver is subject to a field sobriety test even when a valid marijuana registry card is presented. The limit for the amount of acceptable THC in the body is below 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of other bodily substances. When this is exceeded, the driver is charged with a DUI.

ILLEGAL DRUGS

The legal limit for illegal drugs in the bloodstream is 0.0, which means intake is not allowed. In some cases, false positives may arise due to the intake of prescription medication. When such cases occur, proof such as a valid prescription should be presented.

Schedule a free consultation (708) 688-4000

DUI PENALTIES IN ILLINOIS

DUI cases in Illinois can either be a misdemeanor or a felony, the consequences of which can be classified as administrative and criminal. The penalties imposed will depend highly on the nature of the case. First offenses, for example, are almost always considered a misdemeanor. A felony offense is incurred when there is an accident, a hit-and-run, a prior felony conviction, or when charged with a DUI while the license is still suspended or revoked. Either way, both misdemeanors and felonies merits an automatic suspension of license, a fine, and/or jail time.

GETTING OUT OF A DUI IN ILLINOIS

Choosing the right lawyer is of the utmost importance when facing a DUI charge. They will discuss your options and create a strategy to help you avoid conviction. That is why it is important you select a lawyer that has considerable experience in handling DUI cases.

The Venditti Law Group Experience

When facing a DUI complaint, it is important that you have strong defense to fight charges that may be filed against you. Experienced legal representation at the moment of your arrest can help you avoid anything incriminating and protect your rights as a citizen. Having an experienced professional when facing charges against you can also increase the chances of you avoiding a conviction, which creates serious consequences for you in the future.

We at the Venditti Law Group pride ourselves in our experience and success in defending Driving Under The Influence cases. We have handled countless DUI cases for various substances, including Felony DUI, Underage DUI, DUI Alcohol and Drugs, and DUI Driver’s License Suspension. Our experience in handling DUI cases matters. Our clients have successfully avoided license suspension and have even won the DUI charge altogether once we have intervened.

Contact us to receive a free initial consultation (708) 688-4000

DUI Illinois: Frequently Asked Questions

Driving under the influence of alcohol or drugs is one of the common offenses in Chicago, and many people get acquainted with the criminal justice system when charged with DUI. Most people think that being convicted with this offense is a minor trouble. What they don’t know is that a DUI case can have serious impact on their lives.

If you’re charged with DUI in Illinois, you can ensure your rights are being protected by hiring a criminal defense lawyer. Continue reading to learn more about the most common questions people ask regarding DUI.

How much does it cost to hire a DUI lawyer?

The cost of fighting a DUI charge in the Chicago area for the first time with a lawyer can start from $2,000. The cost can climb up to $25,000 depending on circumstances. The cost depends on the professional fees of the lawyer and the nature of the criminal charges. At Venditti Law Group, we offer free consultations and provide you a quote thereafter.

What can a lawyer do for a DUI?

It’s not easy to defend yourself against a DUI charge without an attorney. Your liberty could be at stake, and you could face tough situations you don’t need to face. One of the first things a DUI lawyer can do when representing your case is to keep you quiet. Your lawyer will have to defend you on your behalf. But your legal counsel should have experience in defending you before judges in local courts. That’s why you shouldn’t hire just any lawyer. Hire someone who knows local court rules.

One of the important things that DUI attorneys do is to work with local prosecutors to bring about plea bargains for their clients facing DUI cases. Only experienced lawyers have a knack in negotiating with tough prosecutors, who will never negotiate with defendants representing themselves.

DUI lawyers also work to prevent conviction, which has a dire impact on your reputation. Remember, it’s hard to obtain a loan or get a job if you have been convicted of drunk driving.

Perhaps, people overlook how lawyers extract evidence in your favor, save you from the legal paperwork, and uphold your rights. Let’s be honest. If you’ve been apprehended for DUI, all you may be able to think of is argue with cops, and that’s not going to keep them from arresting you.

Do you need a lawyer for a first time DUI?

First DUI offense is often considered a misdemeanor, but that doesn’t mean there are no real consequences. The State of Illinois may suspend your driver’s license, and you shall be prosecuted for the criminal offense. You may also serve a jail time of up to 12 months and be fined as much as $2,500. Fines can increase if your BAC is over 0.16 or if you have a child in the car. If your drunk driving resulted in injuries or death, the charges against you can be felony, which entails bigger penalties.

If you think you’ve been unfairly charged, you can contest the charges or enter a plea bargain. In this case, you’re better off hiring a criminal defense lawyer. And if you’re going to a trial, you should get an attorney if you want your rights, welfare, and best interests protected during the trial. Even if there’s strong evidence against you, your DUI lawyer can still find ways to defend you before the jury, have your case dismissed, or reduce your penalties.

Can a first offense DUI be dismissed?

There are ways where a lawyer can have your case dismissed. For example, if the evidence against you was collected in a manner that violated your rights, that evidence cannot be used in court. Your lawyer can file a motion to suppress the evidence to keep the prosecutor from proving your guilt. If the court grants the motion to suppress evidence and the remaining evidence can no longer support the case against you, your lawyer can now ask the court to dismiss charges because going to a trial is already pointless by then.

Can you get a DUI dropped?

The process of getting a DUI dropped is difficult. You need strong evidence and arguments in your favor. Your lawyer will have to find a legal loophole. The first thing your lawyer can do is see if your DUI charge is valid in the first place. Where you actually intoxicated while driving? If you are honestly sure that you were not, you have every right to challenge the charges and have them dropped. For instance, an equipment malfunction or a misunderstanding can occasionally lead to charging people with DUI by mistake.

However, if you were under the influence of alcohol or drugs, you can still have the charges against you dropped if your rights were violated while you were being pulled over. Officers should have a valid reason to pull you over, and they cannot force you take a roadside breath analyzer test.

If there were irregularities during your stop or arrest, you can use them as a basis for reducing your penalties or dropping the charges altogether. Were you tried fairly? Were you allowed access to a criminal defense attorney? Anything that deviates from a normal trial process can be used to nullify charges.

Is a DUI lawyer worth it?

Some people think they’re saving themselves from unnecessary expenses by simply defending themselves in court. If you think you can defend yourself and win your case, by all means don’t hire a criminal defense lawyer. However, you’re missing out on legal expertise that only a lawyer can provide. Your chances of winning your case alone are honestly quite unimpressive. If you think not hiring a lawyer can save you a few thousand dollars, think of the amount of money you can save by hiring a competent lawyer who can dismiss your case, reduce your charges, or save you thousands of dollars in fines, insurance, DUI counselling, and drug and alcohol awareness classes.

Do I need a lawyer to plead guilty for DUI?

Just because you’re guilty of driving under the influence of alcohol or drugs, it doesn’t mean you can skip on legal services. You still have the right to have a lawyer defend your case in court. A DUI lawyer can present facts that provide the judge a true picture of what actually took place when you were apprehended. He or she can also tell the court whether the police officer made a proper sobriety test. Even if you plead guilty, the court still needs to uphold your rights. That includes making sure you’re getting a punishment equivalent to the offense committed.

What happens if you plead guilty to a DUI?

When you enter a guilty plea, you’re effectively giving up some, but not all, of your constitutional rights. You still have the right to remain silent. You still have the right to have witnesses against you cross-examined. You still deserve a just trial.

Pleading guilty may result in court supervision, probation, or conviction. If you receive a supervision, the state will suspend your driver’s license for a certain period of time. But if you receive a conviction, your driver’s license will be revoked.

Is a DWI worse than a DUI?

Some states have laws against driving while intoxicated or impaired (DWI), which is a smaller offense than DUI is. In Illinois, DWI offenses are tried as DUI, since there’s no distinction between them in the state. Note that if you’re convicted of DWI in another state, your Illinois license shall be revoked for at least a year.

Is your license suspended immediately after a DUI?

No, you will receive a notice of suspension usually on the day you are arrested. The state then suspends your license 46 days thereafter.

Why Venditti Law Group?

As seen in the Chicago Tribune.

As seen in the Chicago Tribune

Serving Chicago and Surrounding Areas

If you or a loved one has been charged with a crime, whether it be a serious felony or a simple traffic ticket, you need legal representation. At Venditti Law Group, we provide our clients with excellent legal representation. We practice criminal defense in Chicago, Chicagoland suburbs, and the surrounding counties.

Benefits of working with our firm

  • Free Consultations with a Criminal Defense Lawyer
  • Immediate Jail and Police Station Visits 24/7
  • 24 hours a day, 7 days a week phone line
  • Representation from an experienced trial attorney
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Fought six of my cases! Great Attorney I've ever had done a lot for me appreciate all their time as much as the work! Thanks!

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Joe is an awesome attorney and person. Thank YOU for all of your help.

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Mr. Venditti has been a close advisor to my family for years on both professional and personal matters. He not only has an excellent legal mind but is also well regarded as a shrewd negotiator.

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