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Recent Blog Posts
How Do Prosecutors Prove DUI Charges?
Impaired driving remains a major concern in Illinois, and arrests happen daily. While the police only need to have probable cause to arrest you for a DUI, a prosecutor must have sufficient evidence to convict you.
If you have been charged with a DUI, you need the experience that can only be found in an Arlington Heights DUI defense lawyer.
Standard of Proof
Law enforcement must have probable cause to arrest you for driving under the influence (DUI). Probable cause means that the police have reasonably trustworthy information regarding a situation. That information is enough to convince a reasonable person that a crime has been committed.
However, to convict you for a DUI, the government must prove their case beyond a reasonable doubt at trial. Reasonable doubt means that the evidence presented creates such a high level of certainty that no reasonable person could have any doubts regarding the defendant’s culpability.
Possible Penalties for Misdemeanor Convictions in Illinois
Although a misdemeanor is punished less harshly than a felony, you could still face serious penalties. If you are charged with a misdemeanor in Illinois, there is a chance that you could spend up to one year in jail.
If you have been convicted of a misdemeanor, reach out to an Arlington Heights criminal defense lawyer today.
What is a Misdemeanor?
Crimes are categorized as either misdemeanors or felonies. A misdemeanor is a less serious crime that usually penalizes the wrongdoer with fines, community service, probation, and at most one year in prison.
In Illinois, the following crimes are classified as misdemeanors:
- Assault and battery
- Retail theft (under $300)
- Possession of marijuana (between 2.5 to 10 grams)
- Driving under the influence (DUI)
- Disorderly conduct
Do You Need a Lawyer for a Misdemeanor Charge?
Criminal offenses are categorized as either felonies or misdemeanors. Although a misdemeanor carries less severe penalties than a felony, you should still hire an attorney to represent your interests.
If you have been charged with a misdemeanor in Illinois, keep reading to learn about the possible penalties you may be facing and the reasons you should hire an Arlington Heights criminal defense lawyer.
What are Considered Misdemeanor Crimes in Illinois?
According to Illinois law, misdemeanors are classified as either Class A, Class B, or Class C. A Class A misdemeanor is the most serious type of misdemeanor, with a Class C being the least serious.
Underage DUI in Illinois
Did you know that drivers under the age of 21 are involved in 17% of fatal DUI crashes, even though they represent only 10% of licensed drivers?
A driver under the age of 21 will face more severe consequences for drunk driving than a driver who is arrested for a DUI and is of legal drinking age.
With minors facing harsh penalties, you need your teen to be represented by an experienced DUI criminal defense attorney. Look no further than our Arlington Heights criminal defense lawyer.
What is the Zero Tolerance Law in Illinois?
If a police officer or other authority discovers that an underage motorist is inebriated, driving privileges are automatically suspended. It does not matter how much alcohol is found in the individual’s system.
Reinstating Your License After an Illinois DUI
If you are caught driving under the influence of alcohol or drugs, you can expect to lose your license for a period of time. The length of revocation will depend on if you have prior convictions.
If you have been charged with a DUI, you will need an attorney who can protect your rights and get you back behind the wheel. You need an Arlington Heights DUI defense attorney.
Is My License Automatically Suspended after a DUI Conviction?
To be charged with a DUI, you must have a blood alcohol concentration (BAC) of 0.08% or higher. The length of time your license is revoked will depend on whether or not you have any prior DUI convictions.
Ways a DUI Conviction Can Affect Your Life
If you have been convicted of driving under the influence in Illinois, you could be facing serious consequences. Besides having your driving privileges taken away, a DUI conviction may result in a criminal record that can impact your life.
Besides legal ramifications, a DUI conviction can drain your bank account. The Illinois Secretary of State’s office estimates that the average DUI conviction in Illinois costs tens of thousands of dollars.
If you have been convicted of a DUI, you need the representation of an experienced Arlington Heights DUI defense lawyer.
Your License Could Be Suspended or Revoked
You could be charged with driving under the influence (DUI) if your BAC is above the legal limit of 0.08% and your ability to drive is impaired.
Can You Beat a Field Sobriety Test?
You are stopped while driving by a local law enforcement officer who has asked you to participate in a field sobriety test. Now what?
At this point, many drivers think that they are either not as intoxicated as they actually are or that they are smart or coordinated enough to beat the field sobriety test. No matter how well you do on this performance test or even if you refuse, you may soon need the services of a knowledgeable Arlington Heights, IL DUI lawyer.
What is a Field Sobriety Test?
Sometimes referred to as a roadside sobriety test, law enforcement officers use these assessments to help with DUI enforcement if they suspect a driver could be drunk or otherwise impaired by a substance while driving. Officers typically request a field sobriety test before asking a driver to submit to a breathalyzer test.
Potential Defenses to DUI Charges
DUI/DWI convictions come with many serious consequences. Winning a DUI case begins with an experienced Arlington Heights, IL DUI defense attorney who can develop a strong defense strategy grounded in the specific details of the individual case as well as the goals of each individual client. These cases are often complex, allowing room for law enforcement to make mistakes when they gather evidence and make a DUI arrest. However, without knowledge of the law and potential defense, it can be difficult for those charged with a DUI to fight back.
An Illegal Stop
The arrest process can be flawed if followed improperly by police. Your attorney can request the arresting officer's dashcam video. It is unlikely that such footage will paint the entire picture of the stop. However, it can help put the pieces together to prove that the officer potentially stopped you illegally. If the officer made an illegal stop, all evidence law enforcement collected after you were pulled over must be suppressed in court. Without this evidence, the prosecution does not have a case.
When Should You Hire a Criminal Defense Lawyer?
If you or someone you know has recently found themselves in legal trouble, you might wonder what your options are. No matter what kind of criminal charges you face, you can always hire an Arlington Heights, IL criminal defense lawyer to help you weather this storm. In fact, hiring an attorney is in your best interest, even if this is your first run-in with the law.
You may worry about your reputation or how this charge will impact your work or family life. By working with a lawyer, you could decrease the impact that your charges have on your career and those you love. Cost is also another concern for people facing criminal charges; however, not hiring a lawyer could end up costing you much more in the long run.
Potential Defenses to Illinois Drug Charges
Drug charges are some of the most severe charges someone in Illinois can face. While many different defenses exist, using a defense that works well for your specific case is imperative. To find the best defense for your case, you will want to talk to an experienced Rolling Meadows, IL drug crimes attorney who is well-versed in state drug laws and your local court system. The most common defenses to Illinois drug charges include the following.
Unintentional Possession
To be convicted of possessing a controlled substance, you must knowingly have the substance in your possession. In some cases, there is the potential that someone was not aware that they had drugs in their possession. For example, maybe they were given a package or envelope without knowledge of its contents. Tell your attorney if this happened in your case. They can determine if this should become a part of your defense.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
