First Offense DUI Lawyers

We understand that getting a DUI charge in Illinois can be an overwhelming experience. However, just like dealing with any complicated event in life, understanding your options and the path forward can make all the difference. We’ll dive deep into what a first-offense DUI means in Illinois and how you should handle it.

Understanding DUI Charges in Illinois

A DUI charge in Illinois means you’ve been accused of operating a vehicle under the influence of alcohol, drugs, or both. Even prescription drugs or marijuana (yes, even though it’s legal for recreational use) can lead to a DUI charge if they impair your driving. For first-timers, a DUI can be particularly intimidating, since it can result in a criminal record and the possibility of a license suspension, among other penalties.

There are really two issues that you need to worry about when it comes to an Illinois DUI. The first DUI is the criminal charge of driving under the influence. Getting a dismissal or a not guilty verdict would be the perfect outcome, but unfortunately, that may not always be an option for everyone. A good DUI lawyer will create a DUI defense strategy to allow you to come out of this with your head held high and minimal effect on your life.

Getting a DUI conviction would be the worst-case scenario. It will cause your license to be revoked, meaning that your driving privileges will be taken away indefinitely. A conviction would also be a pretty substantial stain on your record, appearing on future background checks by landlords and employers, affecting your career and even housing.

Additionally, it will increase your insurance rates and even make it difficult to get coverage.

The second issue that you have to face is the suspension of your driver’s license. This is a completely separate issue that a good DUI criminal defense attorney can guide you through.

Driver’s License Suspension

Statutory Summary Suspension, this mouthful term basically refers to the suspension of your driver’s license set to happen 45 days after a DUI arrest. For a first time DUI offender, refusing a breathalyzer test or blowing over .08 on the breath test can lead to a suspension of driving privileges—6 months if you blow over .08 on the test, and 12 months if you refuse it.

But don’t lose all hope, there are solutions to combat this looming suspension of your driver’s license. For one, hiring a good DUI lawyer who knows the ins and outs of these cases will give you the best chance to keep your ability to drive. They can set a hearing to eliminate the suspension of your driver’s license.

Strategies for eliminating the Statutory Summary Suspension

Again, a good DUI lawyer will not only fight the criminal charge of a DUI but they will also fight the suspension of your driver’s license. Having defended thousands of DUIs, Driver Defense Team has used many strategies to fight the Statutory Summary Suspension. Some of the ways we’ve eliminated that suspension for our clients:

✅ Challenging the Probable Cause for Stop – One way we use probable cause is to scrutinize the traffic stop’s legitimacy and if it lacks a solid basis, we argue for dismissal or reduced charges. For example, if the officer indicates that the reason for the traffic stop was because our client ran through a red light and the police dash cam indicates otherwise, we can file a motion to suppress the evidence that was gathered as a result of the illegal stop.
✅ Patel Issue – The prosecution must provide a driving a meaningful hearing prior to suspending their driver’s license for DUI. If the prosecution is late in giving your DUI criminal defense lawyer the evidence, your DUI lawyer may be able to overturn or eliminate the suspension.
✅ Confirmation of Summary Suspension – In order for the police to try to suspend your drivers license after a drunk driving arrest because of a refusal to provide a BAC sample or providing a BAC above .08, the officer must prepare a “Notice of Summary Suspension” and send that to the ILSOS. The ILSOS then reviews it for accuracy and sends a confirmation of summary suspension to the clerk of the circuit court. If the confirmation of Statutory Summary Suspension is not in the court file within 30 days of the filing of the Petition to Rescind, this can be a basis for a rescission.
✅ Getting MDDP/BAIID – For some people who will be suspended, they have the option of applying for a Monitoring Device Driving Permit (MDDP) through the ILSOS and getting a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. If they do these two things, they are allowed to drive throughout their suspension which allows them to drive to work, get their kids to school, etc. Our firm helps with this confusing process. Additionally, installing a BAIID can be a strategic move because it demonstrates a commitment to safe driving. This action can positively influence the prosecutor in negotiations when requesting a reduced charge or more lenient sentencing.

What if I Can’t Eliminate the Driver’s License Suspension?

We get it, driving is a necessity for a lot of people. But what happens if you and your first offense DUI laywer are unsuccessful in eliminating the statutory summary suspension? There is still an option for you to continue driving and our criminal defense law firm helps clients go through that process.

Installing a Blood Alcohol Ignition Interlock Device (BAIID) in your car will allow you to continue driving even after having your license suspended. To do that you need to apply for a Monitoring Device Driving Permit to have the BAIID installed. Luckily, our law firm helps our clients go through that process.

Refusing the Breathalyzer

As we talked about in the Statutory Summary Suspension, if you do the breathalyzer test and blow over .08 is a 6 month suspension vs refusing the breath test results in a 12 month suspension. Now, it would seem like the obvious answer is that you should just do the breathalyzer right? 6 months is obviously better than 12. Unfortunately, it’s not as simple as that.

The breathalyzer result plays a major role in whether or not the prosecutor can prove the criminal charge of DUI. Without that evidence, the state has less evidence against you when it comes to the burden of proving you guilty of driving under the influence. There is so much complexity when it comes to a DUI case it is crucial to have the guidance of an experienced DUI attorney to know what is going to get you the best outcome.

Court Supervision

The state of Illinois is unique in that one possible outcome to a DUI charge is called Court Supervision. This can often be a win for many people as it does not result in a DUI conviction on your public record. It does, however, require you to accomplish certain things such as alcohol treatment and education, victim impact panel, and even community service. The caveat is that you are only allowed to get court supervision on a DUI once in your lifetime.

Keep in mind, it is never guaranteed that you can get court supervision. A judge must approve it. Since each case is different, some drivers would be thrilled with receiving court supervision while others may have been able to get it dismissed altogether or be found “not guilty.”

Exploring Reduction to Reckless Driving

A reckless driving charge sounds so much better than a DUI on your record right? We get it all the time, where clients come in asking if they can get it reduced. But that may not actually be the best outcome for you. This is because if your DUI is amended to reckless driving, you are unable to get a reckless driving or court supervision outcome ever again for a DUI.

For example, let’s say you got a DUI 5 years ago and the outcome was that it was reduced to reckless driving. Then, unfortunately, you got a second DUI recently. You would be ineligible to get an outcome of reckless driving or court supervision on your second DUI.

Let’s look at another example, let’s say that DUI you got 5 years ago, you got an outcome of court supervision. But now you got a second DUI recently. You are no longer eligible to get court supervision because you only get that once in your life. However, you are technically eligible to get it amended to reckless driving.

Now you may be saying to yourself, “But I don’t ever plan on getting a second DUI.” But you also didn’t plan on getting this first DUI right? You don’t want to unnecessarily use up more lifelines than you need to and that’s where a skilled DUI attorney that is truly working with your best interests in mind can help.

Professional Considerations

Will a DUI mess up your career path? It might. For those holding a Commercial Driver’s License (CDL), a DUI can be career-ending. Medical professionals might face scrutiny or licensing issues. It’s crucial to consider these ramifications when crafting your defense.

The Driver Defense Team Approach

This is where we come in. Our law firm is uniquely equipped to handle first DUI offenses, thanks to our 9-Step process that ensures we fully understand your situation and develop a defense strategy tailored to you. Our DUI criminal defense lawyers consistent communication, advocacy, and results-driven approach have helped countless Illinois residents navigate their DUI charges with confidence.

Encouraging Proactive and Informed Decisions

Facing a DUI charge is undoubtedly tough, but making informed, proactive decisions can help mitigate the impact on your life. That’s where our expertise comes in. We’re not just here to represent you in court; we’re here to guide you through the entire process, ensuring you understand your options and the best path forward.

Navigating a first-time DUI in Illinois is a journey no one wants to take, but you don’t have to walk it alone. With the right information and a strong defense team by your side, you can move past this hurdle and back onto the road of life. If you’re grappling with a DUI charge, reach out to us—let’s tackle this challenge together.