Chicago Criminal Lawyer Blog
Orland Park, located just outside of Chicago, Illinois, is a vibrant community known for its suburban appeal, family-friendly environment, and proximity to the city. However, like anywhere else, residents and visitors to Orland Park are subject to strict DUI laws. As a DUI defense attorney with extensive experience representing clients throughout the Chicago metro area, I understand the serious consequences a DUI conviction can bring. In this article, I will explore the specifics of DUI law in Illinois, the types of evidence commonly used in DUI cases, and why it is crucial to have a dedicated defense attorney by your side.
DUI Law and Statutes in Illinois
Illinois has a comprehensive legal framework governing DUI offenses, outlined in 625 ILCS 5/11-501. Under this law, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The legal BAC limit for most drivers is 0.08%. For commercial drivers, the limit is lower at 0.04%, and for drivers under the age of 21, any amount of alcohol in the system can result in a DUI charge under Illinois’ zero-tolerance policy.
DUI charges are categorized as either misdemeanors or felonies, depending on the circumstances of the offense. A first or second DUI offense is typically classified as a misdemeanor, but aggravating factors, such as repeat offenses or DUI cases involving serious injury or death, can elevate the charge to a felony. In these cases, the penalties are significantly more severe, with longer imprisonment terms, higher fines, and extended license revocation periods.
How DUI Arrests and Investigations Occur
A DUI arrest in Orland Park typically begins with a traffic stop initiated by law enforcement. This stop could be for erratic driving, speeding, or as part of a sobriety checkpoint. Once the vehicle is stopped, the officer will observe the driver for signs of impairment, such as slurred speech, the smell of alcohol, bloodshot eyes, and difficulty following instructions.
If the officer suspects the driver is impaired, they will request the driver to perform standardized field sobriety tests (SFSTs). These tests, including the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, are designed to assess the driver’s balance, coordination, and ability to follow instructions. If the driver performs poorly on these tests, the officer may administer a preliminary breath test (PBT) to estimate the driver’s BAC. Based on the results of the tests and the officer’s observations, the driver may be arrested and transported to a police station for further chemical testing.
Penalties for DUI Conviction
The penalties for a DUI conviction in Illinois vary depending on the driver’s prior record and the severity of the incident. For first-time offenders, the penalties may include:
- Fines of up to $2,500
- Up to one year in jail
- A mandatory one-year driver’s license suspension
- Required installation of an ignition interlock device (IID) in the offender’s vehicle
For second offenses, the penalties escalate, including:
- Fines of up to $2,500
- Mandatory jail time or community service
- A five-year driver’s license suspension
- Installation of an IID for a minimum of one year
A third DUI offense is classified as a Class 2 felony, which can result in:
- Fines of up to $25,000
- Imprisonment for three to seven years
- A 10-year license revocation
Additional penalties may apply if the DUI involved aggravating factors, such as a high BAC, causing injury or death, or driving with a child passenger under 16.
The Importance of Legal Representation in DUI Cases
A DUI conviction can have far-reaching consequences, including loss of driving privileges, a permanent criminal record, increased insurance rates, and the possibility of imprisonment. This is why it is essential to have a skilled DUI defense attorney to protect your rights and challenge the evidence against you.
A knowledgeable attorney will examine every aspect of your case, from the legality of the traffic stop to the administration of field sobriety and chemical tests. In some cases, the attorney may be able to have evidence suppressed due to procedural errors, which could lead to a reduction or dismissal of charges.
At The Law Offices of David L. Freidberg, we are committed to providing aggressive and effective defense strategies for clients facing DUI charges in Orland Park and the surrounding Chicago areas. We understand the impact a DUI conviction can have on your life, and we work tirelessly to achieve the best possible outcome for your case.
Contact Us For Your Free Consultation
If you are facing criminal charges in Orland 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 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our law firm serves clients in Orland Park and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us Attorney David Freidberg help you navigate the legal system and fight for your future.
