DUI Defense Attorney Serving Lake County, IL
Driving Under the Influence Frequently Asked Questions (FAQs)
Fees and Payment Methods?
Whether you are charged with a DUI, misdemeanor, felony, or minor traffic offense, we will work with you on an affordable and fair fee. We will only charge you FOR THE WORK WE ACTUALLY DO FOR YOU. No flat fees or large retainers that treat all cases as if they were exactly the same. We will discuss your case with you and give you a fair and accurate price that reflects the complexity of your case and the anticipated amount of work to be done. For your convenience we also accept all major credit cards for payment of fees. Please contact our office to inquire as to the specific fee for YOUR case.
What does BAC mean?
BAC stands for Blood Alcohol Concentration. BAC is a measurement of the amount of alcohol in your system. This amount is based on a test of your breath, blood or urine. In Illinois it is illegal to drive a car if your BAC is .08 percent or greater.
What can affect my BAC level?
BAC can be affected by the amount of alcohol you consume, the time period in which you consume it and your body weight or size. Other things affecting your reaction to alcohol include the food you may have eaten, tolerance for alcohol and any drugs you may have taken.
What is DUI?
DUI stands for Driving Under the Influence of alcohol or drugs.
What can happen if I am convicted of a DUI?
If you are convicted of Driving Under the Influence, your driver’s license will be revoked for a minimum of one year for the first offense, five years for your second offense committed within a 20-year period, and 10 years for a third or subsequent offense.
I’m under 21, what happens if I am convicted of a DUI?
If you are under 21 at the time of your DUI conviction, your driver’s license will be revoked for a minimum of two years for your first offense, five years or until your 21st birthday, whichever is longer, for your second offense: and 10 years for your third or subsequent offense.
What is the difference between a revocation and a suspension?
A suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet the reinstatement requirements. A revocation means that your driving privileges are taken away indefinitely
Can I get into trouble for allowing someone under the influence to drive my car?
Yes, its illegal for you to allow someone to drive your vehicle if you know that person is under the influence.
Can I get a copy of my driving record?
You can get a copy of your driving abstract from the Secretary of State. The abstract can be purchased in person or by writing the Secretary of State, 2701 S. Dirksen Parkway, Springfield, IL 62723. You need to include your driver’s license number or full name, sex and date of birth.
How long do traffic tickets stay on my driving record?
Tickets issued for moving violations are part of your driving record for a minimum of four years. If the ticket was for a routine offense, such as speeding, it will be off your record six months after the four-year period has expired. Alternatively a ticket that was the basis for a suspension or revocation of your driver’s license will remain on your record for a minimum of seven years from the date that your driving privileges have been reinstated. Alcohol or drug related offenses are never purged from the driving record.
15 Ways to Challenge a DUI
- DISPUTING IMPROPER LANE USE TICKET – weaving in your own lane is not a violation of traffic laws so long as you do not cross the lines on either side of your vehicle.
- FAILURE TO CONDUCT OBSERVATION OF DRIVER PRIOR TO BREATH TEST – Illinois law requires that the DUI suspect be observed continuously for a twenty minute period prior to the administration of the breath test.
- HOSPITAL BLOOD TESTS CAN BE INACCURATE – Because of time delays between initial stop and the blood draw, the BAC level may be inflated as much as twenty-five percent.
- ILLEGAL STOPS – An officer MUST have probable cause to stop a vehicle. In other words, a traffic or safety violation must have occurred in order for the officer to legally stop your vehicle.
- FIELD SOBREIETY TESTS CAN BE INACCURATE – These tests determine a person’s level of coordination, NOT intoxication. Results can vary widely even in persons who are not intoxicated.
- THERE MUST BE PROOF OF DRIVING OR ACTUAL PHYSICAL CONTROL OF A VEHICLE – Mere admission by the driver that he was driving is not dispositive of the issue.
- TESTIMONY OF INDEPENDENT WITNESSES – Witnesses to accidents, bartenders, hospital staff, etc., can be crucial to proving your innocence.
- MEDICAL ISSUES – People with mobility issues can often challenge the validity of field sobriety tests. Many medications can also affect the validity of breath test results.
- POLICE DASH BOARD CAMERAS – Often times, the videotape of the arrest can demonstrate the driver’s sobriety and challenge the reports and testimony of the arresting officer.
- FAILURE TO MIRANDIZE – Prosecutors may not use the statements of a person charged with a DUI if those statements came while the accused was in custody prior to being given Miranda Warnings.
- EXPERT WITNESSES – Those accused of a DUI have the right to call expert witnesses in their defense to challenge the validity of test results.
- FAILURE TO PROVIDE A SPEEDY TRIAL – Once an accused has made a demand for trial, the State has between 120 and 160 days to bring the case to trial.
- UNLICENSED BREATH TEST OPERATOR – The police officer must be certified and have an up to date operator’s license for the test results to be admissible.
- IMPROPERLY ADMINISTERED FIELD SOBRIETY TESTS – Officers must comply with regulations concerning the FST’s. If the tests are not given properly, they are inadmissible in court.
- UNAPPROVED BREATH TEST DEVICES – Officers may only use state approved breath test devices. Tests administered by devices that are not approved are inadmissible in court.