One of the most common criminal charges in the United States is a DUI. Statistics from the National Highway Traffic Safety Administration (NHTSA) have shown that 11,000 deaths resulting from traffic accidents also involved an alcohol-impaired driver. In Illinois alone, more than 400 deaths occur each year from drunk driving. Driving while under the influence of drugs or alcohol is dangerous, and the punishment for doing so can be severe. Most DUI situations involve misdemeanor charges, but those charges can quickly escalate to felony charges under certain circumstances.

First-Offense DUI Penalties

Under Illinois law, a first offense for a DUI is classified as a Class A misdemeanor, the highest classification for a misdemeanor. If a person is convicted of DUI and has no prior DUI charges, he or she will still face up to one year in jail, up to $2,500 in fines and up to two years of probation. Additionally, a first-time DUI offender may also be subject to mandatory minimum penalties and community service.

Aggravated DUI

In Illinois, any DUI charge that is classified as a felony charge is referred to as an aggravated DUI. With an aggravated DUI charge, any mandatory minimum prison sentence or community service cannot be suspended or reduced. If a person is sentenced to probation or conditional discharge, they also must serve at least 480 hours of community service, or they must agree to be imprisoned for ten days.

In the United States, violent crime is not uncommon. According to the Federal Bureau of Investigation, there were more than 1.2 million violent crimes reported in the country in 2017. In Illinois alone, there were an estimated 56,000 incidences of violent crime that year. The state of Illinois defines violent crime as any felony crime that involves the use of force or the threat of force against the victim, or any misdemeanor crime in which death or great bodily harm comes to the victim.

Violent crime is taken extremely seriously and penalties for a conviction are severe. If you are charged with a violent crime, it is important you understand the potential consequences, and that you speak with a skilled criminal defense attorney as soon as possible.

Being charged with a DUI is an extremely serious situation that can result in severe consequences. In the state of Illinois, DUI is considered to be a major offense and most judges and law enforcement officers do not sympathize with those accused of driving while under the influence of alcohol or drugs. DUI offenders are often punished to the fullest extent of the law, especially when the offender has a history of DUI. Even if you are a first-time DUI offender, you could face jail time, fines, and a driver’s license suspension for a conviction, but a knowledgeable Illinois DUI defense lawyer can help.

Common DUI Defense Strategies

There are numerous ways an attorney can defend you against a DUI charge. Through an initial consultation and subsequent investigation, your lawyer can determine the best course of action. Here are a few common defense strategies:

There are many consequences that can come with breaking the law. Depending on the crime, you could face community service, probation, fines, restitution, and in some cases, jail time. Another consequence of certain crimes can be asset forfeiture, where the government takes your belongings if they believe they are connected to a crime. This can be problematic, especially if you are innocent of the charges you face. 

Both the state and the federal government can seize assets if they believe they were acquired in illegal ways. According to the Illinois State Police and the U.S. Department of Justice, the state of Illinois has taken more than $319 million in assets from citizens since 2005, while the federal government has seized more than $404 million during the same period. If you are facing a seizure of your assets, it is important to have a criminal defense attorney by your side who will fight for you.

While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.

Domestic Battery Laws in Illinois

The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include: