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Illiniois DUI Law

DUI Evaluation

DUI Evaluation

DuPage DUI lawyer Marilyn A. Miller wants you to know what Illiniois DUI requires those convicted of DUI.  Illinois law requires DUI offenders to complete a DUI evaluation prior to final sentencing or an order for supervision.  The Illinois Vehicle Code, 625 ILCS 5/11-501.01(a), provides:

After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

The DUI evaluation determines whether the defendant has a substance abuse problem and his likelihood of reoffending. The DUI evaluator interviews the defendant about his past and present use of alcohol and drugs.  In addition, she reviews the Notice of Statutory Summary Suspension or Revocation, defendant’s driving record, and the chemical test results.

DUI Classes

In addition, Illinois DUI law requires the defendant convicted of DUI to undergo DUI treatment prior to sentencing.  The legal system refers to DUI treatment as “DUI classes.”  DUI classes include at least 10 hours of DUI Risk Education and substance abuse treatment for defendant’s at significant or high risk to reoffend.

In DuPage County, Illinois, DuPage County Probation and Court Services conducts DUI evaluations.

Illiniois DUI Law

Illinois DUI Penalties

Illinois DUI Penalties

Illinois DUI Penalties – What are the penalties for a DUI offense in Illinois?

In Illinois, a DUI offense is either a misdemeanor or a felony depending upon the circumstances of the case.  In addition, the Court also considers your prior driving record. If the State charges your DUI as a misdemeanor, it is a Class A misdemeanor.  The potential sentence for a Class A misdemeanor is 365 days in jail, fine of up to $2,500, court costs and substance abuse treatment.

Penalty for First Illinois DUI

For a first offense, you can receive Court Supervision for up to two years without any jail time whether you plead guilty or go to trial. The prosecutor may be the village proscecutor or the States Attorney. If there are no aggravating circumstances in the case such as a high breathe test or accident involved, the prosecuting agency will most likely be the village prosecutor.

What is Court Supervision?

Court supervision is an alternative disposition available only to first-time offenders in Illinois. It allows a judge to dismiss the charges upon the successful completion of the terms of supervision.  Such terms often include attending a victim impact panel, alcohol treatment, and other conditions. There is a record you received supervision. However, the State of Illinois does does not revoke your driver’s license because supervision is not a conviction under Illinois law.

Illinois DUI law is complex.  Therefore, contact DuPage DUI lawyer Marilyn A. Miller today for a DUI consultation.

Illiniois DUI Law

DUI Stop Rights

DUI Stop Rights in Illinois

DUI Stop Rights.  DuPage DUI Lawyer Marilyn A. Miller wants you to know you have the following legal rights during an Illinois DUI stop:

  1. Right to an attorney. You have a right to talk to an attorney, but only after you have submitted to a blood or breath test, or have refused to take a test.
  2. Right to refuse to submit to testing.  You have the right to refuse the field sobriety test or the preliminary breathalyzer test during the stop.  These preliminary tests may be refused without consequences to your driving privileges during the stop.  Note: After arrest for DUI in Illinois, the driver cannot refuse to submit to chemical tests without facing a 12-month statutory summary suspension of his driving privileges. However, if you think you are over the legal blood alcohol limit, a refusal is often the best option.  The State will use the results of these tests as evidence against you in court.
  3. Right to remain silent. You have the right NOT to talk to the police. Don’t make statements that will hurt you later.

When arrested or charged with DUI in Dupage County, contact Dupage DUI lawyer Marilyn A. Miller by email or call 630-424-8816.

Illiniois DUI Law

DuPage County DUI Lawyer – Defenses to DUI in Illinois

DuPage County DUI lawyer Marilyn Miller wants you to know how to fight Illinois DUI charges.   Below is list of possible DUI defenses and issues a good DUI lawyer should consider:

1. Did the police have reasonable suspicion / the legal right to pull you over?

2. Was there probable cause to make a DUI arrest?

3. Did the police need consent to search your vehicle?  Did the police have consent to search your vehicle?

4. Was the breathalyzer or intoxilyzer working properly?

5. Were the field sobriety tests and breathalyzer tests administered as required by law?

6. Did the police force you to make incriminating statements?

If you are charged with DUI in Illinois, contact Wheaton DUI lawyer Marilyn Miller by email or call 630-424-8816 for further information on how to defend or beat your DUI charges.