First Offense DUI Lawyers Yorkville, IL
A first offense DUI in Yorkville or other parts of Kendall County can have serious consequences for the rest of your life. An honest mistake doesn’t have to determine your job prospects and limit your freedom for the rest of your life.
We provide aggressive first offense representation for residents of Yorkville, Illinois, Kendall County, Kane County, DeKalb County, and LaSalle County who have been charged with driving under the influence. Because we are former prosecutors, we are able to provide superior representation. We understand the way that police officers document the evidence in driving under the influence cases and the ways that prosecutors develop the evidence to attempt to convict you in court. Not only are we former driving under the influence prosecutors, but we were former prosecutors in the counties you have been charged in. That means that we understand the ins and outs of the legal system that will be prosecuting you. We are intimately familiar with the practice areas surrounding defending driving under the influence charges.
Andrew Nickel, a DUI attorney Yorkville, IL, was formerly the supervisor of the traffic, DUI and misdemeanor division of the Kendall County State’s Attorney’s office. The firm is therefore able to provide you an insider’s view of how the court system works and how best to navigate it.
There are several ways you can be charged with driving under the influence, depending on whether or not you submitted to chemical testing and whether you are accused of being impaired by alcohol, drugs, other substances or a combination thereof. If you have been charged with driving under the influence of alcohol or drugs, there are a number of issues you will be facing. As an experienced DUI lawyer Yorkville, we’re more than aware of everything you’ll be up against in the Kendall County court system and elsewhere in Illinois. Through a free consultation, we can explain your rights and begin working towards the best possible resolution of your case.
There are two parts to any DUI offense: the suspension of your driving privileges and the criminal charge of DUI. Although they are related, each must be addressed separately:
1. Suspended License – DUI Lawyers Yorkville, Illinois
If you are arrested for DUI and submit to a breathalyzer either at the police station or on the road, your license will be suspended for six months if you are a first time offender and the test shows that you have a blood alcohol content equal to or higher than 0.08.
If you are arrested for DUI and refuse to take the breathalyzer test, your license will be suspended for one year if you are a first time offender.
If you are a second or subsequent offender, your license will be suspended for three years if you refuse to submit to testing. Whether you are ultimately found not guilty or guilty of the DUI, the suspension will still be in effect unless your attorney challenges it immediately. Time is of the essence because the suspension goes into effect on the 46th day after you are notified that your license will be suspended. The notification typically occurs on the date of arrest when you either fail the breath test or refuse to submit. If you submit to blood or urine testing, you will not be notified of the suspension until the results of the testing return from the crime lab and it has been determined that you were operating your vehicle with a blood alcohol content greater than or equal to 0.08.
The suspension of your license is the first priority for the prosecutor in your case. No matter what county your case is ultimately heard in, the prosecutor has only thirty (30) days to have a hearing on your petition to rescind the suspension. When you hire Andrew Nickel to represent you in your DUI case, we guarantee that we will pile the petition to rescind the suspension right away. If the prosecutor fails to schedule and execute the hearing to suspend your license, your suspension is automatically rescinded and you get to retain your driving privileges while your criminal case makes its way through the court system. There are several bases upon which you can challenge the suspension, which our DUI lawyer Yorkville will explain during your free consultation.
In the event that you are arrested for DUI it is not possible to challenge the suspension of your license or the challenge was not successful, most people are eligible for some form of restricted driving privileges. An experienced and aggressive DUI lawyer Yorkville will pursue the best outcome possible. During the first thirty days of the suspension you CANNOT drive under any circumstances; this period of time is referred to as the “hard thirty.” After the first month eligible drivers have the option of purchasing and installing a Breath Alcohol Ignition Interlock Device (BAIID) in their car. The BAIID is a machine that you breathe into prior to starting your car’s engine. Once the machine confirms that you do not have any alcohol in your system, your car’s engine will be able to start. These are sometimes known as “blow and goes.”
So long as your blood alcohol content is under the specific limits you will not be arrested for DUI and can drive whenever and wherever you please. If your blood alcohol content is over the legal limit of 0.08, not only can you not drive, but after multiple violations your suspension can be extended and your car can be seized temporarily or permanently. Through a free consultation with one of our experienced and knowledgeable attorneys, you can better understand the consequences you may be facing based on the drunk driving charges levied against you and the best strategies for minimizing or completely eliminating them.
2. DUI Penalties – DUI Lawyers Yorkville, IL
The second issue is the criminal charge of driving under the influence of alcohol or drugs itself, the “DUI” or “drunk driving” charge. First and second time DUI offenses are usually Class A misdemeanors. As an experienced DUI lawyer Yorkville, our attorneys are specialists in the practice areas surrounding DUI penalties. We can explain your options during a free consultation and offer the legal advice you need to minimize the penalties resulting from your arrest.
There are several mandatory punishments if you are found guilty, so it is important you have a Felony lawyer Yorkville, experienced in DUI law. Any DUI offense may be upgraded to a felony depending upon the circumstances of the particular case. Two or more prior DUI offenses, lack of a valid driver’s license or an accident involving serious bodily injury are common reasons a DUI is upgraded to a felony.
In evaluating your case, our DUI lawyers Yorkville looks at all evidence available, such as videos, police reports and breathalyzer results and log books to determine the best option in handling your case. If an evaluation of your case shows that the prosecution’s evidence is lacking, your case will be presented to a judge or jury as soon as possible in order to resolve the case. If the evidence indicates a very low probability of success at trial, Andrew will work tirelessly to get you the best possible negotiated disposition with the prosecuting attorney.
Additionally, as with any criminal offense, if your rights were violated it may be possible to have certain evidence barred from trial, even the breath test. Please see the Criminal Law page for more information and legal advice.
Regardless of how many DUI offenses a person has, the following are required by law to be a part of any drunk driving sentence. The only exception is if a felony DUI offender is sentenced to the DOC. For all other DUI offenders, the following sentencing terms must be imposed
Drug and Alcohol Counseling. Depending on a number of factors, you will be required to complete from 10 up to 75 hours of alcohol treatment;
Victim Impact Panel: You will be required to attend a one-time meeting where victims of DUI crashes or their surviving family members will talk about the impact the accident has had on their lives; and
Costs and Fees: Mandatory fees will put the minimum costs anywhere from $1,200 to $2,000.
For second time offenders, there is an additional mandatory requirement of either ten days in jail or 240 hours of community service.
Aggravated (Felony) DUI – DUI Lawyers Yorkville, Illinois
If you have been charged with a felony DUI in Illinois (whether in Kendall County or elsewhere), it is imperative that you get the help of an experienced DUI lawyer Yorkville.
Our firm has considerable experience defending clients against felony DUI charges. Our experience as prosecutors can help you minimize or eliminate these charges altogether.
There are several reasons a DUI can be filed as a felony. Aside from not having a valid driver’s license, the most common reason a DUI will be a felony is if the defendant has prior DUI offenses. The Class of felony depends on how many prior offenses exist at the time of arrest. Below is an explanation of what Class of felony each subsequent offense and whether or not probation is an option.
A third offense of DUI is a Class 2 felony. Probation is a possible sentencing option following a third conviction for DUI;
A fourth offense is also a Class 2 felony, but jail time is mandatory. Probation is NOT a possible sentence following a fourth conviction for DUI;
A fifth offense is a Class 1 felony. Probation is NOT a possible sentence following a fifth conviction for DUI; and
A sixth or subsequent DUI is a Class X felony. Probation is NOT a possible sentence for a sixth conviction of DUI or for any further DUI convictions.
See the Criminal Law page for more general information on possible sentences.
DUI vs. DWI – A DUI Lawyer Yorkville, Illinois Explains
Across the country, states use the terms ‘DUI’ and ‘DWI’ almost interchangeably. Contacting a Yorkville DUI attorney immediately after you’ve been arrested is advisable to understand all nuances of the laws.
Generally, when someone over the age of 21 is caught driving drunk or under the influence of other drugs, they are charged with a DUI/DWI. In Illinois (including in Kendall County), this is known as a DUI and the legal limit for alcohol is a blood-alcohol content level of 0.08 or above while operating a motor vehicle.
A DUI in Illinois may come as the result of a routine stop by a police officer, sobriety checkpoints, or after observing behavior that might lead an officer to believe the driver is impaired.
Every case is different and there are a lot of moving parts. Our Yorkville, IL DUI attorneys know the ins and outs of they are developed by police and presented by prosecutors. As a Yorkville, IL DUI attorney, we work tirelessly to determine if the stop was lawful and understand the merits of the charges against you. Schedule a free consultation today to better understand the options available to you.