Chicago Criminal Lawyer Blog
Maywood, located just outside of Chicago, is known for its vibrant community and easy access to the city’s resources. However, with proximity to a bustling metropolis comes increased law enforcement activity, particularly when it comes to DUI enforcement. If you’ve been charged with a DUI in Maywood, it’s vital to understand the legal implications and how a strong defense can safeguard your future.
DUI Charges and Statutory Guidelines in Illinois
Illinois DUI law is based on 625 ILCS 5/11-501, which clearly defines what constitutes driving under the influence. In Maywood and across Illinois, a driver is considered under the influence if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable BAC can result in a DUI charge.
A first DUI offense is a Class A misdemeanor that can lead to:
- Up to one year in jail
- Fines of up to $2,500
- A one-year license suspension
- Completion of an alcohol and drug education program
Subsequent offenses or aggravating circumstances, such as DUI with a minor in the vehicle, can elevate the charge to a Class 2 felony.
Criminal Case Process for DUI Charges
When charged with DUI, the legal process can be intimidating. It begins with your arrest and subsequent booking. Following this, you will attend an arraignment, where you’ll enter a plea. From there, your attorney can begin investigating the evidence, filing pretrial motions, and building a defense.
The court system is complex, but your attorney will help guide you through each step, ensuring your rights are protected. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle while impaired. Your attorney will present evidence to counter the prosecution’s claims, potentially leading to a dismissal of the charges or a reduction in penalties.
Types of Evidence in DUI Cases
In DUI cases, evidence collection is crucial. Law enforcement typically relies on several forms of evidence, including:
- Breathalyzer results: While commonly used, breathalyzer tests are not always accurate. Machines can malfunction, and improper use can lead to incorrect readings.
- Field sobriety tests: These tests are often administered roadside but are inherently subjective. Factors like uneven surfaces, weather, or medical conditions can skew the results.
- Dashcam or bodycam footage: Video evidence can capture your behavior during the stop, but it can also be used to challenge the officer’s conduct or the conditions under which tests were administered.
Potential Defenses in DUI Cases
Building a strong defense in a DUI case requires a thorough understanding of the law and the evidence. Common defenses include:
- Lack of probable cause: If the officer did not have a valid reason to stop your vehicle, the case may be dismissed.
- Faulty test results: Breathalyzer and field sobriety tests are not infallible, and errors can occur during administration or processing.
- Medical conditions: Certain health conditions can mimic signs of impairment, providing a valid defense against DUI charges.
The Role of an Experienced DUI Attorney
Without the guidance of an experienced DUI attorney, the complexities of DUI law can quickly overwhelm defendants. An attorney will ensure that your rights are respected throughout the process and will work to challenge the evidence against you. From questioning the legality of the stop to disputing test results, an attorney can create a defense strategy that works for your case.
Contact The Law Offices of David L. Freidberg for DUI Defense in Maywood
If you are facing DUI charges in Maywood, 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 and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.
