Elgin Drunk Driving Defense Attorneys
Kane County DUI Defense Lawyers
Driving Under the Influence (DUI) is a Serious Crime in Illinois
If you’ve been charged with driving under the influence of drugs or alcohol in Illinois, you may feel that you’re fighting a losing battle. Maybe you’ve heard from friends that you can’t beat a DUI charge if you failed the breathalyzer test. Maybe the prosecuting attorney offered you a plea agreement and told you confidently that it was the best you could hope for. Maybe you’re just confused by the system and unsure how to defend yourself.
You don’t have to do it alone.
Drunk driving charges carry serious penalties: even a first offense can result in jail time and a fine of up to $2,500. A DUI conviction also results in mandatory six month driver’s license suspension. But, that’s only the beginning. A DUI conviction can have a dramatic impact on your car insurance rates, and you may be required to pay for and attend drug or alcohol classes or counseling. You may even find yourself precluded from certain types of employment.
Second Offense DUI
DUI penalties become increasingly severe. A second conviction for driving under the influence carries a mandatory jail sentence.
A third offense DUI is considered “aggravated” and carries a mandatory minimum of 90 days in jail. In some cases, the penalty could be much more severe. A third offense is charged as a Class 2 felony, meaning a possible seven years in prison and a potential fine of up to $25,000.
In some circumstance, even a first offense DUI may be charged as aggravated driving under the influence. For example:
- When the driver has caused an accident resulting in serious bodily injury or death
- When the driver had never received a driver’s license, or was suspended for certain reasons
- When the driver was operating a commercial passenger vehicle with at least one passenger
- When the driver was operating a school bus with at least one passenger
Challenging DUI Charges
Sometimes, it is in your best interest to negotiate a favorable plea agreement in a DUI case. However, there are many circumstances under which it’s in your best interests to fight the charges. Contrary to what you may have heard, there are many possible weaknesses in a DUI prosecution.
For example, DUI charges may be subject to dismissal if the officer did not have reasonable cause to stop the vehicle.
Likewise, field sobriety test results may be challenged based on the officer’s training and experience, or simply because appropriate procedures were not followed.
Breathalyzer test evidence may be excluded if the machine wasn’t properly calibrated, the administration of the test was faulty, or the officer failed to advise you of your right to refuse the test.
In short, there are many possible weaknesses in a DUI case, and we are prepared to ask the tough questions and zealously hold the prosecution to its burden. Get the help you need to assess the strength or weakness of the case against you, make educated decisions about the best way to proceed, and then either prepare the best defense possible or negotiate the most favorable agreement available.
Breathalyzer Test Refusal
Refusing a breathalyzer test in Illinois means a mandatory 12 month driver’s license suspension. It is possible to challenge a suspension based on refusal to take a breath alcohol test, but the grounds for the challenge are very narrow and specific. For example, you may be able to successfully challenge the suspension if the officer did not have sufficient cause to believe that you were operating under the influence, or if the officer failed to advise you of the consequences of refusing the test.
A driver who refuses the breathalyzer test may still be charged with DUI on the basis of other evidence, such as the officer’s observations, statements made at the time of the arrest and field sobriety test results. However, the prosecution may have a more difficult time proving that case—particularly when the driver has an experienced DUI lawyer on his side.
Don’t Put Your Future at Risk
A DUI conviction can mean jail time, loss of driving privileges, a suspended driver’s license, higher automobile insurance rates, additional restrictions on your freedom through terms of probation and more. You can’t afford to wait and see what happens. Get the information you need to make the right decision for your future today, before the case progresses one step further.
Help is only a phone call away.
Top DUI Defense in Kane County
Our experience and qualifications in DUI defense is exceptional in Kane County. Our attorneys are highly skilled in DUI defense and have long track records of favorable results in DUI cases.
Our firm provides aggressive representation in all types of DUI cases including:
- Aggravated DUI
- DUI & Drugs
- DUI Resulting in Death or Serious Bodily Injury Harm
- Felony DUI
- First, Repeat & Multiple DUI’s
- Out-of-State DUI
- Underage Drinking / Underage DUI (Juvenile DUI)
We understand how high the stakes are in DUI / drunk driving cases. Penalties can include jail, fines, court costs, and even permanent suspension or revocation of your driver’s license. In addition, a criminal record can increase your car insurance costs / premiums.
If you or a loved one has been charged with a DUI, contact Doyen Law Group, LLC to schedule a free case evaluation. We work with clients throughout Kane County including Elgin, Geneva, St. Charles, Aurora, Hampshire, Elburn, Big Rock, Oswego, Yorkville and the surrounding towns, areas and counties.