Drunk driving is a serious offense. Though every state has different punishments and specific criteria, most areas don’t tolerate drunk driving and punish offenders strictly, and Illinois is no exception. An Illinois DUI means fines, license restrictions, and even jail time.
If you’re facing an alcohol-related driving arrest, it’s important to have a DUI attorney who can help you. An arrest is not evidence of guilt, and too often, the justice system takes advantage of individuals charged with drunk driving.
You have options when facing these charges, and there is still hope. With a McHenry county DUI attorney from Franks Gerkin Ponitz & Greeley, you have the best chance of walking away with your freedom intact.
Franks Gerkin Ponitz & Greeley: Your McHenry County Drunk Driving Attorneys
With several decades of combined experience, our law firm is well-positioned to seek justice in your DWI case. As your defense team, we make sure that the court doesn’t take advantage of you and that the jury clearly hears your perspective. We have a deep understanding of the state and federal laws surrounding DUIs and drunk driving accidents, and we fight diligently for your case.
Our firm has several talented DUI and drunk driving accident lawyers on staff to help you recover after your arrest. We’ll be with you every step of the way and give you the best chance of walking away unscathed.
What Is a DUI?
A DUI is a charge given to individuals caught driving while under the influence of drugs or alcohol. In the case of alcohol, a person is only eligible for DUI charges if their blood alcohol content (BAC) is .08% or higher. A police officer may determine BAC through a breathalyzer and field sobriety tests.
Drivers are not permitted to drive while under the influence of any drugs whatsoever, regardless of the amount. Though recreational marijuana is legal in Illinois, driving while high is still illegal. If you’re found driving while high on marijuana, you may receive a DUI charge.
Punishments for a DUI
If you are found guilty of a DUI, your punishments depend upon the nature of your case. If you have caused a minimal amount of damage and no injuries, and your blood alcohol content was under .16%, you will likely face a misdemeanor. A first-time misdemeanor DUI usually results in $1,000 in fines and up to 1 year in jail, and repeat misdemeanor offenses will result in higher fines and longer jail sentences.
Felony DUIs, or aggravated DUIs, carry much more severe punishments. The exact punishment for a felony DUI depends on whether anyone was hurt or killed, your exact blood alcohol content, and any prior DUI offenses. The minimum felony DUI punishment in Illinois is 1-3 years in jail and up to $25,000 in fines. The punishments increase in severity from there.
Felony DUIs
Certain circumstances are considered felony DUIs in the state of Illinois. They include:
- Transportation of a minor under 16 years of age while under the influence
- A blood alcohol content of .16% or higher
- Prior DUI charges, regardless of felony status
- A DUI that causes severe injuries, property damage, or is fatal for any person involved
- Driving a school bus carrying individuals under the age of 18 while under the influence
As detailed above, felony DUI charges face significantly higher punishments. Additionally, you will have a felony criminal charge on your record rather than a misdemeanor. Though neither are ideal, a felony comes with a lot more weight and can have many more unintended consequences than a misdemeanor. Many people with felonies on their record experience:
- Difficulty finding proper housing
- Difficulty finding and holding a job
- Strained relationships with friends and family
- Logistical difficulties due to a suspended license
- Mental illness
This is why it’s so essential to hire drunk driving accident lawyers for any DUI charge. Without representation, you face significant life changes and consequences. When you hire an attorney, you may be able to rid yourself of any punishment or liability you would otherwise face.
Possible DUI Defenses
It can be difficult to see DUI situations from a positive angle. Many people feel as though there’s no way to escape from the charges, especially if they failed a breathalyzer test. It’s important to understand that this is not always the case. There are many different defenses to DUI charges, and we’ll choose the right angle depending on your situation. Possible defenses include:
- Faulty breathalyzer test
- Illegal traffic stop
- Coercion
- Rising blood alcohol, or arguing that you would have made it to your destination before the alcohol hit your bloodstream and raised your BAC to an illegal level
- You were in immediate danger
Our attorneys understand these,as well as other possible defenses against DUI charges. You can trust us to fight for you and create a defense that is unique to your situation.
Is It Worth Getting an Attorney for a DUI?
As mentioned, DUI charges are very serious. They can have a wide-reaching impact on your life, and they come with severe consequences. Fortunately, some of the punishments can be reduced or altered, but only with the help of an attorney. We understand how the legal system works and how to position your situation within the parameters of your charges. We also understand the ways in which the legal system fails defendants, and we work hard to make sure that we fight back on your behalf. If you wish to avoid maximum penalties, you must have an attorney on hand to help you.
When Should I Hire a DUI Attorney?
Individuals accused of drunk driving need to find an attorney right away. The process begins quickly, and you can face consequences immediately after you are arrested. For example, your license will be revoked quickly if you don’t act right away.
It’s best to have a DUI defense attorney on hand and call us right away. We can help you navigate the legal system following your arrest and ensure that you have the best chance of avoiding a harsh sentence.
Contact Franks Gerkin Ponitz & Greeley
For more information about how our firm can help you after an Illinois DUI, contact us online today.
