Being arrested for a DUI in Highland Park, Chicago, Illinois, can be a frightening and overwhelming experience. The legal process that follows can be confusing, and the consequences of a DUI conviction can be severe. However, taking the right steps immediately after your arrest can significantly impact the outcome of your case. This article will guide you through the steps to take after being arrested for DUI in Highland Park to protect your rights and increase your chances of a favorable outcome.
Stay Calm and Comply with Law Enforcement
The first and most important step to take after being pulled over for suspicion of DUI is to remain calm and respectful toward law enforcement. Resisting arrest or becoming confrontational will only make the situation worse and could result in additional charges, such as resisting arrest or obstruction of justice. Cooperate with the officer’s requests, such as providing your driver’s license, registration, and proof of insurance.
It’s also important to remember that you have the right to remain silent. While you should comply with the officer’s requests for identification, you do not have to answer questions about where you’ve been or whether you’ve been drinking. Anything you say during this interaction can be used against you in court, so it’s best to politely decline to answer questions until you’ve spoken with an attorney.
Understand Implied Consent and Chemical Testing
In Illinois, drivers are subject to implied consent laws, which means that by driving on Illinois roads, you automatically consent to chemical testing if you are arrested for DUI. This can include breath, blood, or urine tests to determine your BAC. Refusing to submit to these tests can result in an automatic suspension of your driver’s license, even if you are not ultimately convicted of DUI. For a first refusal, your license may be suspended for one year, while second or subsequent refusals result in longer suspensions.
However, just because you’ve submitted to chemical testing does not mean that your case is over. Breathalyzer tests and other chemical tests are not foolproof, and a skilled attorney can challenge the accuracy and validity of these tests. For example, improperly calibrated equipment, human error, or certain medical conditions can all lead to inaccurate test results.
Contact a DUI Defense Attorney Immediately
One of the most critical steps to take after being arrested for DUI in Highland Park is to contact an experienced DUI defense attorney as soon as possible. The sooner you have legal representation, the sooner your attorney can begin working on your case and protecting your rights. A DUI defense attorney can help you understand the charges against you, explain the potential consequences of a conviction, and guide you through the legal process.
Having an attorney on your side from the beginning can also help prevent mistakes that could jeopardize your defense. For example, your attorney can advise you on what to say (or not say) during police questioning, help you gather evidence to support your case, and represent you during pretrial hearings.
Request a Hearing to Challenge Your License Suspension
After a DUI arrest, your driver’s license will likely be suspended automatically as part of Illinois’ summary suspension law. However, you have the right to request a hearing to challenge this suspension. The hearing must be requested within a specific timeframe, typically within 90 days of your arrest. Failing to request a hearing within this window can result in the automatic suspension of your driving privileges for the full duration of the suspension period.
A DUI defense attorney can help you file the necessary paperwork to request a hearing and represent you during the hearing itself. During the hearing, your attorney may challenge the legality of the traffic stop, the accuracy of the chemical test results, or other aspects of the case that could result in the suspension being overturned.
Begin Preparing Your Defense
Once you have secured legal representation and requested a hearing to challenge your license suspension, it’s time to begin preparing your defense. Your attorney will conduct a thorough review of all the evidence in your case, including the police report, field sobriety test results, dashcam footage, and chemical test results. They will look for any inconsistencies or violations of your rights that could be used to build a strong defense.
In some cases, your attorney may be able to negotiate with the prosecution to reduce the charges or penalties against you. For example, a first-time DUI charge could potentially be reduced to reckless driving or another lesser offense. In other cases, your attorney may be able to have the charges dismissed entirely if there are significant flaws in the prosecution’s case.
Contact Us For Your Free Consultation
If you are facing DUI charges in Highland Park, Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our law firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.