555 Skokie Blvd., Suite 500, Northbrook, IL 60062

Free Initial Consultation

847-239-4703 | 773-383-8745

The State of Illinois could allow drivers, who have been convicted of DUI up to four times, to drive if a current proposed bill passes legislation.

Under the current law, only three-time DUI offenders are allowed to apply for restricted driver permits (RDP). In order to apply for a permit, an offender has to meet certain conditions:

  • There must be a hardship to justify an RDP. The offender must also submit a current alcohol and drug evaluation, as well as any recommended proof of treatment or education;
  • The offender must attend a hearing at the Secretary of State's Department of Administrative Hearings. An officer will review the offender’s driving record and determine if issuing the RDP would impose any kind of public safety issue;
  • If two or more of the DUI convictions occurred within the past ten years, then the offender is required to have an ignition interlock device installed in their vehicle. The offender is responsible for all fees associated with device; and
  • The DUI offender must pay the $50 filing fee requesting the RDP.

House Bill 4206 does require the offender to wait at least five years from their last conviction to apply for the RPD. Also, three years of consistent sobriety would have to be documented.

...

In the unfortunate event that you find yourself under criminal arrest, it is imminent that you be familiar with both rights and the steps you should take in order to better the situation for yourself.

When you are arrested, your first and most important civil liberty is the right to remain silent. In the event that you choose to exercise this right, you need only to say so out loud. You may refuse any search of yourself, your car or home. You also have the right to an attorney.

On the other hand, you also have certain responsibilities to carry out in the event of an arrest. These responsibilities can include, but are not limited to, the following:

...

Illegal drug charges in The State of Illinois. Illinois drug offense attorney Matthew R. Gebhardt discusses what options you may have in court.

If you have been arrested for a drug crime in The State of Illinois, you have rights. It’s important that you have a skilled and experienced criminal law attorney to fight for those rights. At the Law Offices of Matthew R. Gebhardt, P.C., we are experienced in defending clients charged with drug offenses. A former prosecutor, Attorney Matthew R. Gebhardt understands how prosecutors build their cases. We know how to identify weaknesses in the prosecution’s case and how to use those weaknesses to effectively advocate for our clients.

Our firm specializes in The State of Illinois drug offense cases like yours. You have many options at your disposal and do not have to settle for a conviction on your record. Cases of this type have many defenses and can often be defeated through evidentiary motions or trial.

...

Posted on in Criminal defense lawyer
Northbrook 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 Northbrook, Illinois can be charged as Misdemeanors or Felonies. We will being with an examination of Misdemeanor DUI’s in Northbrook, Illinois.

Misdemeanor DUI’s in Northbrook, Illinois

Northbrook DUI Defense attorney Matthew R. Gebhardt handles many misdemeanor DUI cases in Northbrook, Illinois. The minimum penalty on a misdemeanor DUI in Northbrook, Illinois is a period of twelve months supervision with alcohol education classes. The maximum penalty on a misdemeanor DUI in Northbrook, 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 Northbrook, 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 Northbrook, 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 administration.
  • Officer testimony that contradicts video evidence.
  • Conflicting officer testimony.
  • Reports authored by officers that do not reflect video evidence.
  • Unlawful DUI Road Blocks.
  • 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 Northbrook, Illinois.

Northbrook, Illinois defense lawyer Matthew R. Gebhardt also handles many Felony (Aggravated) DUI cases in Northbrook, Illinois. In Northbrook, 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 Northbrook, 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 Northbrook, 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 Northbrook, 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 Northbrook, 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 Northbrook, Illinois or any other municipality.  

Posted on in Criminal defense lawyer
Waukegan 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 Waukegan, Illinois can be charged as Misdemeanors or Felonies. We will being with an examination of Misdemeanor DUI’s in Waukegan, Illinois.

Misdemeanor DUI’s in Waukegan, Illinois

Waukegan DUI Defense attorney Matthew R. Gebhardt handles many misdemeanor DUI cases in Waukegan, Illinois. The minimum penalty on a misdemeanor DUI in Waukegan, Illinois is a period of twelve months supervision with alcohol education classes. The maximum penalty on a misdemeanor DUI in Waukegan, 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 Waukegan, 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 Waukegan, 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 administration.
  • Officer testimony that contradicts video evidence.
  • Conflicting officer testimony.
  • Reports authored by officers that do not reflect video evidence.
  • Unlawful DUI Road Blocks.
  • 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 Waukegan, Illinois.

Waukegan, Illinois defense lawyer Matthew R. Gebhardt also handles many Felony (Aggravated) DUI cases in Waukegan, Illinois. In Waukegan, 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 Waukegan, 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 Waukegan, 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 Waukegan, 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 Waukegan, 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 Waukegan, Illinois or any other municipality.
Back to Top