Chicago Criminal Lawyer Blog
Edgewater, located just north of downtown Chicago, is an eclectic neighborhood known for its cultural institutions, beautiful parks, and active nightlife. Unfortunately, this vibrant social scene can sometimes lead to incidents of driving under the influence (DUI), resulting in serious criminal charges. If you’ve been arrested for a DUI in Edgewater, understanding Illinois DUI laws and your legal options is essential for protecting your future.
Illinois DUI Statutes: The Basics
In Illinois, DUI laws are codified under 625 ILCS 5/11-501. A person may be charged with DUI if they are caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more, or while impaired by alcohol, drugs, or any combination of both. Penalties for DUI vary based on several factors, including the driver’s criminal history, whether any accidents or injuries occurred, and whether the driver complied with testing requirements.
First and second DUI offenses are typically charged as misdemeanors. However, if aggravating factors are present—such as causing bodily harm, driving without a license, or having a child in the vehicle—the charge can be escalated to an aggravated DUI, which is a felony. The penalties for aggravated DUI include:
- Imprisonment ranging from one to 30 years, depending on the severity of the charge
- Hefty fines
- Long-term license suspension or revocation
The Arrest and Prosecution Process
A DUI arrest typically follows a traffic stop where law enforcement officers observe erratic driving or signs of intoxication. Once pulled over, the officer may ask the driver to perform field sobriety tests to assess their coordination and sobriety. The officer may also request a breathalyzer or other chemical tests to measure the driver’s BAC.
The criminal prosecution process begins after an arrest is made. The defendant will appear before a judge for arraignment, where they will be informed of the charges against them and enter a plea. After arraignment, the case may proceed through various stages, including discovery, pre-trial motions, plea negotiations, and, if necessary, trial. Throughout this process, having an experienced defense attorney is crucial in ensuring that your rights are respected and that you have the best possible defense.
Consequences of a DUI Conviction
A DUI conviction carries significant legal penalties and collateral consequences. Legal penalties may include jail time, fines, and license suspension or revocation. Additionally, individuals convicted of DUI may face:
- Increased auto insurance premiums
- Loss of employment or difficulty finding future employment
- Difficulty securing housing or loans
- Lasting damage to their reputation
Many people are surprised to learn that a DUI conviction cannot be expunged in Illinois, meaning that it remains on your criminal record permanently. This is why it is critical to fight the charges from the start with the help of a knowledgeable defense attorney.
Potential Defenses in DUI Cases
There are many possible defenses to DUI charges in Illinois. Some common defenses include:
- Challenging the Traffic Stop: If the officer did not have a valid reason for stopping your vehicle, any evidence obtained after the stop could be inadmissible in court.
- Faulty Testing: Breathalyzer machines must be calibrated and maintained regularly to ensure accuracy. Your attorney can challenge the results if there is evidence that the machine was not functioning correctly.
- Medical Conditions: Some medical conditions can mimic the signs of intoxication, leading to false positives in field sobriety tests or breathalyzer results.
An experienced DUI defense attorney will be able to assess the facts of your case and determine the most effective strategy for your defense.
Why You Need a DUI Defense Attorney
Attempting to handle a DUI case on your own can be a costly mistake. Without the guidance of a skilled attorney, you could face the full weight of Illinois DUI penalties, including jail time, fines, and a permanent criminal record. An attorney will help you understand your rights, explore all possible defenses, and negotiate with prosecutors for reduced charges or penalties.
The Law Offices of David L. Freidberg has been defending clients against DUI charges in Edgewater and across Chicago for decades. We understand the nuances of Illinois DUI law and are committed to securing the best possible outcome for each client. Our team is available 24/7 for a free consultation and will fight to protect your rights at every stage of the process.
If you or a loved one are facing DUI charges in Edgewater, Chicago, or the surrounding areas, contact David L. Freidberg today for a free consultation. 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.
