REEDER & BROWN DUI FAQ

Q: Is it Possible to Beat a DUI Charge in Will County?

A: In many cases, yes. Our attorneys have had DUI charges dismissed or secured "not guilty" verdicts for numerous clients. We tailor our defense strategy to each individual case. We may challenge the results of chemical testing, argue that the police officer who stopped you did so illegally, or use any other defense we think gives you the best odds of beating your charge.

Q: What Are the Penalties for a DUI in Illinois?

A: Illinois takes impaired driving incredibly seriously. The exact sentence you could receive for a DUI conviction depends on whether you have any prior DUIs and whether there were any aggravating factors. Even for a basic, first time DUI with no aggravating factors, you could be sent to jail for up to a year and fined $2,500. Your license will also be revoked for at least a year. Even if you qualify for a restricted license, you will likely have to deal with things like an ignition interlock device and limits on where and when you can drive.

Q: When Is a DUI a Felony?

A: There are a number of aggravating factors that can elevate a DUI to a felony. If your license was already suspended or revoked because of a prior DUI, or if your license was otherwise invalid, or if you did not have insurance, you could be charged with a felony. Other circumstances that can lead to felony DUI charges include driving a vehicle for hire (like an Uber) while intoxicated and causing an accident or injury. If you have a prior conviction for a DUI that caused a death, any subsequent DUI is automatically a felony. These offenses carry sentences of a year or more in prison.

Q: Can I Get a DUI for Using Cannabis or Other Drugs?

A: Yes. Even though cannabis is legal in Illinois, just like alcohol is, you can still be charged with a drug-related DUI for driving under its influence. You could also get a DUI related to any other intoxicating substance, legal or otherwise. Even if a medication like an opioid painkiller or benzodiazepine was lawfully prescribed to you, you could be arrested for driving under the influence if these drugs affect your ability to operate a vehicle safely.

Q: What if I Refused Field Sobriety and Chemical Testing?

A: It is not a crime to refuse DUI testing, and in some cases, this could potentially help you beat a DUI charge. However, people have been convicted even without this type of proof, and a prosecutor may attempt to argue that refusal to take a field sobriety test is an indication that you were intoxicated. There are also penalties for refusing a chemical test of your blood, breath, or urine after being arrested on suspicion of DUI. The first time, your license will be suspended for a year. If you refuse a second time within five years, your license will be suspended for three years.

Q: What Opportunities Do I Have if This Is My First Offense?

A: If this is your first DUI, there may be programs available that can help you avoid a conviction and the harsh sentencing that comes with it. We may be able to make a case that with substance abuse treatment, you will be able to get back on the right path and avoid re-offending. As a first-time DUI offender, you may be able to receive a Monitoring Device Driving Permit (MDDP) that will allow you to drive during a period of license suspension while using an ignition interlock device.

Q: What if This Is Not My First DUI?

A: Repeat DUI offenders are less likely to receive leniency, and they are more likely to be sent to jail. At a minimum, a second DUI carries a mandatory five-day sentence. The penalties will grow increasingly harsher with each subsequent offense.

Contact an Illinois DUI Attorney

If you are facing DUI charges, Reeder & Brown, P.C. can help. Our skilled Will County DUI lawyers have a number of strategies we employ to guard our clients against harsh penalties. Call us at 815-885-5980 or contact our office for a free consultation.