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Arlington Heights DUI defense lawyerOften, drivers who are arrested on a DUI assume that the evidence against them is irrefutable, and that they must simply accept the consequences of conviction. Nothing could be further from the truth! In fact, there are many defenses that may be used to raise suspicion in your case. Learn more about reasonable doubt, and how you may be able to use it as leverage in your defense.

Why Reasonable Doubt is So Important

Because the prosecution is burdened with proving your guilt beyond a reasonable doubt, suspicion can, in some cases, be enough to have your charges dropped. This is a Constitutional right provided to all Americans, and it was enacted to ensure that innocent people were not wrongfully convicted of crimes they did not commit. Yet, raising that suspicion requires extensive knowledge in the legal field, and in the policies, procedures, and testing used to convict DUI offenders. This is why the assistance of an attorney is critical in the fight against your charges.

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Arlington Heights DUI defense attorneysEach year, more than 30,000 drivers are arrested in Illinois for driving under the influence (DUI). Some are repeat offenders, with at least one other DUI conviction on their records. However, there are others who may be facing their first DUI offense. If you or someone you love falls into the latter group, and you were recently arrested, the following information can help you better understand the cost and consequences of a first-offense DUI in Illinois.

Criminal Consequences

In the state of Illinois, a first-offense DUI is considered a Class A misdemeanor offense, and it carries with it a fine of $500 to $2,500 and the possibility of up to one year in jail. If the defendant agrees to certain conditions (alcohol awareness education courses and a reinstatement process), then the jail time may be waived for first-time offenders. However, this offense is always held on your record, meaning that you a second offense – even 20 years down the road – will have harsher criminal penalties.

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Arlington DUI defense attorneyAnyone who is caught driving with a blood alcohol content (BAC) of 0.8 or higher becomes subject to Illinois’ aggressive DUI program. Further, there are certain factors and considerations that can change that DUI charge to an aggravated DUI, which is considered a felony. If you or someone you love has recently been arrested for drinking and driving, know what these factors are, how they can impact a DUI case, and what can be done to pursue the most favorable outcome possible.

Factors and Considerations in an Aggravated DUI

To determine charges and sentencing in a DUI case, judges look at mitigating and aggravating factors and weigh them against the state’s minimum and maximum sentencing guidelines. When mitigating factors (those that may lessen the impact of a DUI) are present – such as having an otherwise clean driving record or being just over the legal limit – the judge may consider a sentence closer to the minimum guidelines. In contrast, aggravating factors (those that indicate severe recklessness) can negatively impact your case and result in a sentence closer to the maximum penalty under law. In particular, there are certain aggravating factors that can lead to an aggravated DUI, including:

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Illinois DUI Defense AttorneyGetting arrested for a DUI is more than just inconvenient. It can upheave your life. It can lead to jail time, driving restrictions, and significant fines. It can also ruin your reputation and lead to a conviction on your criminal record. Naperville also happens to be one of the top ten places in Illinois where one of these arrests can happen. Thankfully, our DUI defense attorneys can help protect you from the potential consequences of a DUI charge.

Study Finds Naperville to Be the Top Ten for DUI Arrests

Conducted by the Alliance Against Intoxicated Motorists, a recent study examined DUI arrest statistics dating all the way back to 1990. Naperville, which was found to be in the top 10, saw a slight decrease in DUI arrests (less than five percent). However, it still ranked as fourth for Illinois DUI arrests. Other cities that landed in the top 10 included Aurora, Elgin, Decautur, Bloomington, Rock Island, and Lombard.

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Arlington Heights DUI attorneyIf you are traveling in another state and get charged with driving under the influence of alcohol, you may think that whatever happens with those charges will not affect your driving privileges in your home state. However, in the majority of states, you would be wrong.

The Interstate Driver License Compact

All but several states in the country have agreed to the Interstate Driver License Compact. The states that do not participate are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. The state of Illinois has signed the contract and is a participating state. The Interstate Driving Contract is simply a contract between states where they agree to not only share information regarding DUI arrests, but also agree to honor any driver license suspension imposed on the person who has been charged. 

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