Chicago Criminal Lawyer Blog
Defending DUI Charges in Berwyn, Chicago, Illinois: What You Need to Know
Berwyn, a historic and vibrant suburb nestled just west of downtown Chicago, is known for its rich cultural diversity and its strong sense of community. However, like the rest of Cook County and the greater Chicago area, Berwyn faces its share of legal challenges, including DUI (driving under the influence) offenses. Being charged with a DUI in Berwyn is a serious matter, and the consequences can be far-reaching. Illinois has strict DUI laws, and even a first-time offense can carry significant penalties. Understanding these laws and the criminal justice process in Illinois is vital for anyone facing such charges.
The Law Offices of David L. Freidberg provides comprehensive DUI defense representation to individuals in Berwyn, Chicago, and surrounding areas. Our decades of experience and in-depth knowledge of Illinois DUI laws allow us to provide strong legal defenses aimed at minimizing or avoiding the harsh consequences associated with DUI convictions.
Illinois DUI Law and Relevant Statutes
Illinois DUI law, outlined in 625 ILCS 5/11-501, prohibits anyone from operating a motor vehicle while under the influence of alcohol, drugs, or other intoxicating substances. The law applies to drivers with a blood alcohol concentration (BAC) of 0.08% or higher, but even drivers with a lower BAC can face DUI charges if there is evidence of impaired driving.
The law in Illinois divides DUI offenses into misdemeanor and felony charges based on the circumstances of the offense. Factors such as prior convictions, whether a child was present in the vehicle, or whether the driver caused injury or death can all influence the severity of the charge.
A first-time DUI offense in Illinois is generally considered a Class A misdemeanor. This can result in penalties such as fines of up to $2,500, jail time of up to 364 days, and a suspension of the driver’s license for six months. For first-time offenders, there may be opportunities to reduce these penalties through alcohol education programs or community service.
A second DUI offense within five years escalates the penalties, resulting in mandatory jail time, a longer driver’s license suspension, and increased fines. If you are facing a third DUI charge, the offense is classified as a Class 2 felony, which carries severe consequences, including a potential prison sentence of 3-7 years, hefty fines, and a 10-year revocation of your driver’s license.
Felony DUI charges can also arise if you were driving under the influence with a child passenger, caused bodily harm, or were involved in a crash resulting in injury or death. These aggravated DUI charges significantly increase the risk of long-term imprisonment, financial penalties, and long-term effects on your criminal record.
How DUI Criminal Cases Begin in Illinois
DUI cases in Illinois typically begin with a traffic stop. In Berwyn, this could result from erratic driving, failure to obey traffic signs, or involvement in a sobriety checkpoint. Once an officer suspects a driver is impaired, they may conduct field sobriety tests, which assess balance, coordination, and other physical factors.
If the officer believes the driver is intoxicated, they may request a chemical test, such as a breathalyzer, to measure the driver’s BAC. Illinois operates under an implied consent law, meaning that drivers are assumed to have consented to chemical testing by operating a vehicle on Illinois roads. Refusal to take a chemical test leads to an automatic suspension of the driver’s license, but such a refusal may also provide an opportunity for defense in court, depending on the circumstances.
After a failed sobriety or breathalyzer test, the officer will arrest the driver and take them into custody. At this point, the driver’s license is typically confiscated, and a notice of statutory summary suspension is issued. The driver may also be booked and held in custody until they can post bail.
The criminal case then moves through the court system, starting with an arraignment, where the driver will enter a plea. This is the first step in the process, and it’s critical to have an experienced DUI defense attorney involved early to ensure your rights are protected and to begin building a defense strategy.
Penalties and Consequences of a DUI Conviction
The consequences of a DUI conviction in Berwyn, or anywhere in Illinois, extend beyond fines and jail time. One of the most immediate consequences is the suspension or revocation of your driver’s license. A first-time DUI offender faces a six-month suspension, but subsequent offenses or refusal to take a chemical test can result in longer suspensions or a full revocation.
Additionally, a DUI conviction stays on your criminal record permanently, which can have a lasting impact on your ability to secure employment, obtain certain professional licenses, or even find housing. Illinois does not allow DUI convictions to be expunged or sealed, meaning the offense remains part of your public record indefinitely.
Increased insurance premiums are another consequence of a DUI conviction. Following a conviction, insurance companies often classify drivers as high-risk, which leads to significant increases in premiums. In some cases, drivers may even lose their insurance coverage altogether, making it difficult and costly to obtain a new policy.
Finally, a DUI conviction can lead to mandatory participation in alcohol education or treatment programs, community service, and the installation of an ignition interlock device (IID) on your vehicle. These penalties are designed to prevent future offenses but can also be financially and logistically burdensome.
The DUI Criminal Trial Process in Illinois
The DUI criminal trial process in Berwyn follows the same steps as elsewhere in Illinois, starting with pre-trial motions. During this phase, your attorney may file motions to suppress evidence, particularly if the traffic stop or arrest was conducted unlawfully or if the chemical tests were improperly administered.
If the case goes to trial, the prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence. Evidence presented at trial often includes the results of chemical tests, field sobriety tests, and testimony from the arresting officer. In some cases, dashcam footage from the police vehicle or bodycam footage may also be used as evidence.
Your defense attorney will challenge this evidence, potentially questioning the accuracy of chemical tests, the validity of field sobriety tests, or the credibility of the officer’s testimony. If successful, this defense strategy can lead to a reduction in charges or even a dismissal of the case.
If the case does not go to trial, your attorney may negotiate a plea agreement with the prosecution. Plea bargains often involve pleading guilty to a lesser charge, such as reckless driving, which carries less severe penalties than a DUI conviction.
Why You Need a DUI Defense Attorney in Berwyn
Navigating the legal system in Illinois can be difficult, especially when facing DUI charges. A DUI defense attorney provides invaluable assistance throughout the criminal process. Not only will your attorney protect your rights at every stage, but they will also work to reduce the charges or penalties you face.
A DUI attorney will carefully examine the circumstances of your traffic stop and arrest to identify any procedural errors that could lead to the dismissal of evidence. Additionally, your attorney will review chemical test results for any inaccuracies or issues with the testing equipment.
Beyond the trial, a defense attorney can negotiate with prosecutors to reach a plea deal that minimizes the impact of a DUI conviction on your life. For example, plea deals may involve alcohol education programs or probation instead of jail time, reducing the long-term effects of the conviction.
Contact Us For Your Free Consultation
If you are facing DUI charges in Berwyn, 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 firm serves clients in Berwyn and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.
