Des Plaines is a bustling suburb located just outside of Chicago, known for its close proximity to O’Hare International Airport and its blend of residential areas and commercial zones. As with many communities near major highways and large cities, the likelihood of facing DUI charges in Des Plaines is significant. DUI laws in Illinois are stringent, and the consequences of a conviction can be life-altering. As a DUI defense lawyer in Des Plaines, I understand the complexities of Illinois DUI law and the importance of having a strong legal defense to protect your rights.
Understanding Illinois DUI Law and Statutes
In Illinois, DUI law is primarily governed by 625 ILCS 5/11-501, which outlines the prohibition against driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. The legal limit for blood alcohol concentration (BAC) is set at 0.08% for individuals over 21 years of age. For commercial drivers, the limit drops to 0.04%, and for drivers under 21, Illinois enforces a zero-tolerance policy—meaning any trace of alcohol can result in a DUI charge.
DUI offenses can be classified as either misdemeanors or felonies depending on the number of prior offenses and the circumstances of the current charge. For instance, a first DUI offense is typically treated as a Class A misdemeanor, which carries potential penalties including up to one year in jail, a fine of up to $2,500, and a mandatory minimum one-year driver’s license suspension. However, aggravating factors, such as driving with a BAC of 0.16% or higher, driving with a child passenger under 16, or causing injury, can elevate the charge to a felony. Felony DUIs, also known as aggravated DUIs, can carry severe penalties, including longer jail or prison sentences, hefty fines, and extended license revocation periods.
How DUI Charges Begin and the Criminal Case Process
In Des Plaines, DUI charges usually begin with a traffic stop. This can occur for a variety of reasons, such as erratic driving, speeding, or as part of a routine DUI checkpoint. Once an officer initiates the stop, they will begin to observe the driver for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol. If the officer suspects impairment, they will typically ask the driver to perform a series of standardized field sobriety tests (SFSTs).
The field sobriety tests include the Walk-and-Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus (HGN) test. These tests are designed to assess the driver’s coordination, balance, and ability to follow instructions. If the driver fails these tests, the officer may then administer a preliminary breath test (PBT) to estimate the driver’s BAC. Based on the results of these tests and the officer’s observations, the driver may be arrested for DUI.
Following an arrest, the driver will be transported to the police station or a medical facility for chemical testing, such as a breath, blood, or urine test, to determine their BAC. Under Illinois’ implied consent law, refusing to submit to chemical testing can result in an automatic license suspension. The results of these tests play a crucial role in the prosecution’s case.
The criminal case process for a DUI charge typically begins with an arraignment, where the defendant enters a plea of guilty or not guilty. If the defendant pleads not guilty, the case proceeds to the pretrial phase, where both the defense and the prosecution gather evidence and file motions. During this time, the defense may file motions to suppress evidence, such as challenging the legality of the traffic stop or the accuracy of the field sobriety or chemical tests. If the case proceeds to trial, both sides will present their evidence before a judge or jury, and the prosecution must prove beyond a reasonable doubt that the defendant was impaired while operating a vehicle.
Penalties and Consequences of a DUI Conviction in Illinois
The penalties for a DUI conviction in Illinois can be severe, depending on the number of prior offenses and the circumstances surrounding the current charge. For first-time offenders, a DUI is typically classified as a Class A misdemeanor, which can result in:
- Fines of up to $2,500
- Up to one year in jail
- A mandatory one-year driver’s license suspension
- Required participation in alcohol or drug education programs
- Installation of an ignition interlock device (IID)
For a second DUI offense, the penalties become more severe, including:
- Mandatory jail time or 240 hours of community service
- Fines of up to $2,500
- A five-year driver’s license suspension
- Mandatory use of an IID for one year
A third DUI offense is classified as a Class 2 felony and carries much harsher penalties, including:
- Fines of up to $25,000
- Imprisonment for three to seven years
- A 10-year driver’s license revocation
Additional penalties apply if aggravating factors are present, such as driving with a high BAC, causing injury or death, or having a child passenger. These penalties can result in even longer prison sentences and permanent license revocation.
Importance of Legal Representation in DUI Cases
Facing DUI charges is a serious matter, and having an experienced DUI defense attorney can make all the difference in the outcome of your case. A DUI conviction can have long-lasting consequences beyond the legal penalties, including damage to your personal and professional reputation, difficulty obtaining employment or housing, and higher insurance rates.
A skilled DUI defense attorney will thoroughly investigate the circumstances of your arrest, challenge the evidence presented by the prosecution, and work to negotiate reduced charges or alternative sentencing options, such as probation, court supervision, or alcohol treatment programs. In some cases, your attorney may be able to have evidence suppressed, which could result in the charges being reduced or dismissed altogether.
At The Law Offices of David L. Freidberg, we are committed to providing aggressive and effective defense strategies for clients facing DUI charges in Des Plaines and the surrounding Chicago areas. We understand the impact that a DUI conviction can have on your life, and we are dedicated to protecting your rights and achieving the best possible outcome in your case.
Contact The Law Offices of David L. Freidberg For Your Free Consultation
If you are facing criminal charges in Des Plaines, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in Des Plaines, and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.