First DUI Offense? A Schaumburg DUI Attorney Can Help!

By Gardi, Haught, Fischer & Bhosale LTD

Gardi, Haught, Fischer & Bhosale, Law Articles, Martin LaScola

January 6, 2014

If you have been arrested for a first DUI offense (driving under the influence) in Schaumburg, it is important to have the best Schaumburg DUI attorney possible to represent your interests and help you achieve the most just sentence for your offense. The Illinois laws for (DUI) driving under the influence are strict, and most first Illinois DUI offense cases are classified as Class A misdemeanors, with fines, license suspension, and possible jail time in the county jail. However, depending on the case, many first-time offenders can work with a Schaumburg DUI attorney to pursue a lessened sentence of Court Supervision, with minimal disruption to their life.

Let’s look at the typical arrest scenario of a first DUI offense in Schaumburg, Illinois. Most are pulled over for moving violations or minor offense (expired registration, erratic driving, no tail lights/headlights, etc.) that first gets the attention of the arresting officer. The officer interviews the driver and if they detect or suspect alcohol use, they will conduct sobriety tests for driving under the influence on the spot. If the accused refuses or cannot cooperate, they are taken into the police department where they complete the DUI arrest process and take a breath test to determine their Breath Alcohol Concentration (BAC) level. If they are at or above the legal limit of .08, they are charged with the DUI. In cases where the BAC level is below .08 but at least .04, the state of Illinois may still pursue charges for the DUI but it becomes a much weaker case for the prosecution.

In Illinois, the typical first DUI offense is considered a Class A Misdemeanor. A misdemeanor is a mid-level offense that is more serious than a typical moving violation or city/village ordinance violation, but is less serious than a felony charge. The maximum term of imprisonment for a DUI Class A Misdemeanor in Illinois is 364 days in the county jail, with a maximum fine of $2,500.00 plus any affiliated fees and costs. In addition, an automatic license suspension will begin 46 days after the accused is arrested in Illinois. This is known as the Statutory Summary Suspension. If the BAC was over the State of Illinois legal limit of .08, the accused’s license is suspended for six months. Those refusing the BAC test, will have their license suspended for 12-months. Under Illinois law, those whose breath alcohol concentration is below the .08 legal limit will not be subject to a license suspension.

If you are arrested for driving under the influence in Schaumburg, it is important to obtain the best Schaumburg DUI attorney right away. They can help you navigate the legal system and do everything possible to lessen your sentence. For example:

1) A DUI Attorney can immediately file a petition to challenge the Summary Suspension. Filing a petition to reverse the Summary Suspension is time critical because the prosecutor must conduct a hearing within 30 days of the petition’s filing date. If the state of Illinois is not ready for the hearing within 30 days, an attorney can request a Court Order Rescinding the Suspension.

2) A DUI Attorney can represent the accused at the Hearing to lift the Summary Suspension. A DUI attorney in Schaumburg can pursue a Rescission of the Summary Suspension by presenting evidence to support the defendant’s challenge at a contested hearing. Where the Summary Suspension cannot be challenged, a DUI attorney can help negotiate a 30-day suspension of driving rights with the rest of the suspension period served with a Monitored Device Driving Permit (MDDP). The permit enables the accused to drive with a Breath Alcohol Ignition Interlock Device installed in his/her vehicle for the remaining portion of the license suspension.

3) A DUI Attorney Can Help Negotiate the Terms of Court Supervision in defense of the criminal charge. A competent Schaumburg DUI attorney will review all evidence in the case. If it can be taken to trial, a plea of “not guilty” can be entered, which may result in an acquittal. If a trial is ruled out, a DUI attorney may recommend a negotiated plea agreement to receive a sentence of 12-24 months of “Court Supervision”. Court Supervision entails an alcohol/drug evaluation, completion of recommended classes, an average fine of $1,500 or more (depending on the county where the offense occurred) and a 90-minute long Victim Impact Panel , which is a presentation conducted by Mothers Against Drunk Driving (MADD). If the BAC exceeded .16 at the police station, the sentence also includes a minimum mandatory 100 hours of community service.

Court Supervision is not a conviction as defined by the Illinois Criminal Code. If you receive a sentence of Court Supervision, it does not go on your public criminal record of conviction and you may honestly answer on a job application or inquiry that you have not been convicted of a misdemeanor. The sentence is only recorded on the internal record maintained by the Secretary of State, known as Court Purposes Driving Abstract, and this private record is not available to the general public.

For the first time offender, it is important to have the best Schaumburg DUI attorney possible. Gardi, Haught, Fischer & Bhosale LTD is experience with DUI’s in Schaumburg and have an experienced Schaumburg DUI attorney that would be happy to speak with you about your case.