First Offense - DUI Lawyer Yorkville
As former criminal prosecutors, we’ve been a part of our fair share of first offense DUI Illinois cases. Let us help you navigate this as your defense team and pursue the best outcome possible. Minimize fines and penalties with our experience fighting these cases.
Aggravated DUI Yorkville
DUI vs. DWI in Illinois
Start Getting Help – DUI Lawyer Yorkville
Our firm has gained years of experience as DUI lawyers in Yorkville that we can put to work for you.
DUI Lawyer Yorkville: Reviews
Don’t just take it from us, other criminal lawyers share their insight.
First Offense DUI Lawyer Yorkville, Illinois
A first offense DUI in Yorkville can have serious consequences on your life. An honest mistake doesn’t have to determine your job prospects and limit your freedom for the rest of your life.
We provide aggressive first offense DUI representation for residents of Yorkville, Illinois and Kendall County, Kane County, DeKalb County, and LaSalle County. One of the reasons we provide superior representation is that we are former prosecutors. Not only are we former prosecutors, but we served in the counties you have been charged in.
Andrew Nickel, a DUI lawyer Yorkville, was formerly the supervisor of the traffic, DUI and misdemeanor division of the Kendall County State’s Attorney’s office. The firm is able to provide you an insider’s view of the court system works and how best to navigate it.
There are several ways you can be charged with DUI, depending on whether or not you submitted to chemical testing and whether you are accused of being impaired by alcohol, drugs, other substances or a combination thereof. If you have been charged with driving under the influence of alcohol, there are a number of issues you will be facing. As an experienced DUI lawyer Yorkville, we’re more than aware of everything you’ll be up against.
There are two parts to any DUI offense: the suspension of your driving privileges and the criminal charge of DUI. Although they are related, each must be addressed separately:
1. Suspended License – DUI Lawyer Yorkville
If you are arrested for DUI and submit to a breathalyzer at the police station, your license will be suspended for six months if you are a first time offender and the test shows a result higher than 0.08.
If you refuse to take the test, your license will be suspended for one year if you are a first time offender.
If you are a second or subsequent offender, your license will be suspended for three years if you refuse to submit to testing. Whether you are found not guilty or guilty of the DUI, the suspension will still be in effect unless your attorney challenges it immediately. Time is of the essence because the suspension goes into effect on the 46th day after you are notified that your license will be suspended. The notification typically occurs on the date of arrest when you fail the breath test or refuse to submit. If you submit to blood or urine testing, you will not be notified of the suspension until the results of the testing return from the crime lab.
The suspension of your license is the first priority is that the prosecutor in whatever county your case occurred has only thirty (30) days to have a hearing on your petition to rescind the suspension, which would be filed immediately upon retaining Andrew Nickel to represent you. If they fail to do so, your suspension is rescinded and you get your license back automatically. There are several bases upon which you can challenge the suspension, which our DUI lawyer Yorkville will explain during your consultation.
In the event it is not possible to challenge the suspension or the challenge was not successful, most people are eligible for restricted driving privileges. An experienced, aggressive DUI lawyer Yorkville will pursue the best outcome possible. During the first thirty days of the suspension you CANNOT drive under any circumstances; this is referred to as the “hard thirty.” After the first month eligible drivers can have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their car. The BAIID is essentially a “blow and go.”
So long as your breath alcohol is under the specific limits you can drive whenever and wherever you please. If your breath alcohol is over, not only can you not drive, but after multiple violations your suspension can be extended and your car can be seized temporarily or permanently.
2. DUI Penalties – DUI Lawyer Yorkville, IL
The second issue is the criminal charge of driving under the influence of alcohol itself, the “DUI.” First and second time DUI offenses are usually Class A misdemeanors. As an experienced DUI lawyer Yorkville, our attorneys are specialists in this area of DUI penalties.
There are several mandatory punishments if you are found guilty, so it is important you have a DUI lawyer Yorkville, experienced in DUI law. Any DUI offense may be upgraded to a felony depending upon the circumstances of the particular case. Two or more prior DUI offenses, lack of a valid driver’s license or an accident involving serious bodily injury are common reasons a DUI is upgraded to a felony.
In evaluating your case, our DUI lawyer Yorkville looks at all evidence available, such as videos, police reports and breathalyzer results and log books to determine the best option in handling your case. If an evaluation of your case shows that the prosecution’s evidence is lacking, your case will be presented to a judge or jury as soon as possible in order to resolve the case. If the evidence indicates a very low probability of success at trial, Andrew will work tirelessly to get you the best possible negotiated disposition with the prosecuting attorney.
Additionally, as with any criminal offense, if your rights were violated it may be possible to have certain evidence barred from trial, even the breath test. Please see the Criminal Law page for more information.
Regardless of how many DUI offenses a person has, the following are required by law to be a part of any DUI sentence. The only exception is if a felony DUI offender is sentenced to the DOC. For all other DUI offenders, the following sentencing terms must be imposed
Drug and Alcohol Counseling. Depending on a number of factors, you will be required to complete from 10 up to 75 hours of alcohol treatment;
Victim Impact Panel: You will be required to attend a one-time meeting where victims of DUI crashes or their surviving family members will talk about the impact the accident has had on their lives; and
Costs and Fees: Mandatory fees will put the minimum costs anywhere from $1200 to $2000, with the total cost higher than that on the fine which is separate from the fees.
For second time offenders, there is an additional mandatory requirement of either ten days in jail or 240 hours of community service.
Aggravated (Felony) DUI – DUI Lawyer Yorkville, Illinois
If you have been charged with a felony DUI in Illinois, it is imperative that you get the help of an experienced DUI lawyer Yorkville.
Our firm has considerable experience defending clients against felony DUI charges. Our experience as prosecutors can you help you minimize or eliminate these charges altogether.
There are several reasons a DUI can be filed as a felony. Aside from not having a valid driver’s license, the most common reason a DUI will be a felony is if the defendant has prior DUI offenses. The Class of felony depends on how many prior offenses exist at the time of arrest. Below is an explanation of what Class of felony each subsequent offense and whether or not probation is an option.
A third offense of DUI is a Class 2 felony. Probation is a possible sentencing option;
A fourth offense is also a Class 2 felony, but prison time is mandatory. Probation is NOT a possible sentence;
A fifth offense is a Class 1 felony. Probation is NOT a possible sentence; and
A sixth or subsequent DUI is a Class X felony. Probation is NOT a possible sentence.
See the Criminal Law page for more general information on possible sentences.
DUI vs. DWI – A DUI Lawyer Yorkville Explains
Across the country, states use the terms ‘DUI’ and ‘DWI’ almost interchangeably. Contacting a DUI lawyer Yorkville immediately after you’ve been arrested is advisable to understand all nuances of the laws.
Generally, when someone over the age of 21 is caught driving drunk or under the influence of other drugs, they are charged with a DUI/DWI. In Illinois, this is known as a DUI and the legal limit for alcohol is a blood-alcohol content level of 0.08 or above while operating a motor vehicle.
A DUI in Illinois may come as the result of a routine stop by a police officer, sobriety checkpoints, or after observing behavior that might lead an officer to believe the driver is impaired.
Every case is different and there are a lot of moving parts. Our DUI lawyer Yorkville knows the ins and outs of they are developed by police and presented by prosecutors. As a DUI lawyer Yorkville, we work tirelessly to determine if the stop was lawful and understand the merits of the charges against you.
Counties We Serve:
Commone Questions about Yorville, Illinois
What County is Yorkville, Il in?
Yorkville is located in Kendall County, Illinois and Kane County. Yorkville, Il is the county seat for Kendall County and where the Kendall County Courthouse is located.
Who should I call in a Yorkville car accident?
If you have been hurt, you’ll certainly want to contact 911 and seek medical attention. The city is protected by the Yorkville, Il Police Department, where you will want to file a police report. If the accident happened in the course of DUI and you have been charged with a crime, you’ll want to speak with an experienced DUI lawyer Yorkville.
Where are Yorkville DUI Cases tried?
DUI cases in Yorkville typically go before a judge at the Kendall County Courhouse in Yorkville, Illinois. Kendall County court records are available online and you can check the status of your case at any time.
For detailed information on punishments in a DUI case in Yorkville, please contact our office for a free consultation. Sentences often involve DUI classes, fines, and potentially jail time.
Additional Links & Resources:
Cities We Serve:
Bristol Township, IL
Sugar Grove, IL
St. Charles, IL
Learn more about important law changes in your area through our blog.