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Elgin DUI Lawyer

 

Elgin DUI Defense Lawyer Matthew R. Gebhardt examines the offense of DUI and its penalties under the laws of the State of Illinois.

DUI’s in Elgin, Illinois can be charged as Misdemeanors or Felonies.  We will being with an examination of Misdemeanor DUI’s in Elgin, Illinois.

Misdemeanor DUI’s in Elgin, Illinois

Elgin DUI Defense attorney Matthew R. Gebhardt handles many misdemeanor DUI cases in Elgin, Illinois.  The minimum penalty on a misdemeanor DUI in Elgin, Illinois is a period of twelve months supervision with alcohol education classes.  The maximum penalty on a misdemeanor DUI in Elgin, Illinois is 364 days in the Cook County Department of Corrections.  If you plea or are found guilty after a trial on misdemeanor DUI charges in Elgin, Illinois, many factors will be considered in determining your sentence.  Some of these factors include:  number of prior DUI and alcohol related offenses on your record, your criminal history, age, work status, citizenship status and any mitigating circumstances arising out of your case or background.

There are also many issues that Elgin, Illinois DUI defense attorney Matthew R. Gebhardt can raise on your behalf should you decide to dispute the charges against you.  Often times, what may seem like insurmountable evidence against you can be overcome by your DUI defense attorney.  Some areas we often challenge include:

 

  • Unlawful Traffic Stop.
  • Lane violation is not dispositive of DUI.
  • Accuracy of Field Sobriety Test.
  • Improperly administered Field Sobriety Tests.
  • Officer’s failure to comply with observation period prior to breath test
  • Officer testimony that contradicts video evidence.
  • Conflicting officer testimony.
  • Reports authored by officers that do not reflect video evidence.
  • Unlawful DUI Road
  • Physical limitations of the defendant in performing Field Sobriety Tests.
  • Lack of Miranda Warnings.
  • Performance of non-standardized Field Sobriety Tests.
  • Breathalyzer Malfunction.

Felony (Aggravated) DUI in Elgin, Illinois.

Elgin, Illinois defense lawyer Matthew R. Gebhardt also handles many Felony (Aggravated) DUI cases in Elgin, Illinois.

In Elgin, Illinois, there are many factors that will elevate a DUI to a Felony status.  According to the Illinois Secretary of State, any of the following may result in your being charged with a Felony (Aggravated) DUI:

  • Third or subsequent DUI (Class 2 felony; penalties vary according to offense).
  • DUI committed while driving a school bus carrying persons age 18 or younger

(Class 4 felony).

  • DUI resulting in great bodily harm, permanent disability or disfigurement (Class

4 felony). Revocation of driving privileges for a minimum of 2 years.

 

  • Second or subsequent DUI committed while transporting a child under age 16

(Class 2 felony; penalties vary according to offense).

  • DUI committed while transporting a child under age 16 and involved in a crash

that resulted in bodily harm to the child (Class 2 felony; penalties vary according

to offense).

  • DUI committed without a valid driver’s license or permit (Class 4 felony).
  • DUI committed without vehicle liability insurance (Class 4 felony).
  • DUI committed after a previous conviction for reckless homicide while DUI or

Aggravated DUI involving a death (Class 3 felony).

  • DUI committed in a school zone while the restricted speed limit is in effect and

involved in a crash that resulted in bodily harm (Class 4 felony).

  • DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation.
  • DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a

minimum of 2 years from the effective date of the revocation or from the date

of release from incarceration for the offense.

Source: 2013 Illinois DUI Fact Book, Illinois Secretary of State

The penalties on a Felony DUI in Elgin, Illinois are as follows:

Class 4 felony

  • Possible imprisonment of 1-3 years;

fines of up to $25,000.

  • Aggravated DUI involving injury

— Possible imprisonment of 1-12

years; fines of up to $25,000.

Class 3 felony

  • Possible imprisonment of 2-5 years;

fines of up to $25,000.

Class 2 felony

  • DUI — Possible imprisonment of 3-

7 years; fines of up to $25,000.

  • Aggravated DUI with 1 death —

Possible imprisonment of 3-14

years; fines of up to $25,000.

  • Aggravated DUI with multiple

deaths — Possible imprisonment of

6-28 years; fines of up to $25,000.

Class 1 felony

  • Possible imprisonment of 4-15

years; fines of up to $25,000.

Class X felony

  • Imprisonment of 6-30 years; fines

of up to $25,000.

 

Source: 2013 Illinois DUI Fact Book, Illinois Secretary of State

 

Although the penalties for Aggravated DUI in Elgin, Illinois are far more severe than those of the misdemeanor DUI, defending the charges against you is often very similar.  The same defenses stated previously can be successfully employed when challenging the merits of the Aggravated DUI charge against you.

Whether you are charged with a misdemeanor or felony DUI in Elgin, Illinois, it is imperative that you retain legal counsel to provide you with the best defense possible.  At the Law Office of Matthew R. Gebhardt, P.C., Mr. Gebhardt’s experience as a former prosecutor means that you’ll have access to the best knowledge and education on your side — an informed and experienced DUI  defense lawyer working for you at every step of the way.  Mr. Gebhardt draws upon his prior position as a prosecutor to anticipate how the State will present their case against you.  He can then determine what defenses will be most likely to prevail and concentrate his efforts in those areas.

If you or someone you know has been arrested for a DUI in Elgin, Illinois, contact us to schedule a consultation to discuss your case.

As always, the Law Office of Matthew R. Gebhardt, P.C. offers free consultations for anyone charged with a DUI in Elgin, Illinois or any other municipality.

 

It is critical to avoid the DUI charge from being entered on your record.  It is highly detrimental to employment options.  Be sure to retain an attorney before appearing in court on any DUI.

 

Whether you are charged with a misdemeanor, felony or DUI in Kane and Cook County, Illinois, it is imperative that you retain legal counsel to provide you with the best defense possible.  At the Law Office of Matthew R. Gebhardt, P.C., Mr. Gebhardt’s experience as a former prosecutor means that you’ll have access to the best knowledge and education on your side — an informed and experienced DUI and/or Criminal Defense lawyer working for you at every step of the way.  Mr. Gebhardt draws upon his prior experience as a prosecutor to anticipate how the State will present their case against you.  He can then determine what defenses will be most likely to prevail and concentrate his efforts in those areas.

If you or someone you know has been arrested for a misdemeanor, felony or DUI in Kane and Cook County, Illinois, contact us to schedule a consultation to discuss your case.

As always, the Law Office of Matthew R. Gebhardt, P.C. offers free consultations for anyone charged with a misdemeanor, felony or DUI in Kane and Cook County, Illinois.

 

Law Office of Matthew R Gebhardt, P.C.

Main Office

555 Skokie Blvd.

Suite 500

Northbrook IL 60062

Office: (847) 239-4703

Email: mrglaw@sbcglobal.net

Website:  www.illinois-defenseattorney.com

AVVO ATTORNEY RATING:  https://www.avvo.com/attorneys/60062-il-matthew-gebhardt-1053253.html

 

Text:  (773) 383-8745

 

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