First Offense DUI
As former criminal prosecutors, we’ve been a part of our fair share of first offense DUI 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 Illinois
There are many classes of felonies. Each has a different maximum possible sentence in the Department of Corrections (DOC). Most felonies are probationable, however, meaning probation is a possible sentence and DOC time is not mandatory.
DUI penalties range in severity based on the circumstances of the case. We have advanced knowledge of these guidelines and will work tirelessly to pursue reduced charges or have them eliminated altogether.
A suspended license is part of the administrative penalty levied by the state when you are convicted of a DUI. The ranges vary based on key details of your case. We are intimately aware with the ins and outs of all the guidelines.
DUI vs. DWI in Illinois
In Illinois, these terms are interchangeable, but they essentially mean the same thing: getting caught while drinking or otherwise impaired behind the wheel. Whether it’s alcohol or drugs that caused the impairment, we can work with you to achieve the best outcome possible.
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“I endorse Andrew without reservation. He has demonstrated an exceptional grasp of the law and has the refined skills of a superb litigator. Additionally, he has a character that is beyond reproach.”Brent Hardy
First Offense DUI in 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
Andrew Nickel 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.
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 for DUI
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
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 Andrew 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. During the first thirty days of the
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
2. DUI Penalties in Illinois
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.
There are several mandatory punishments if you are found guilty, so it is important you have an attorney like Andrew, 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, Andrew 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
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 in Illinois
If you have been charged with a felony DUI in Illinois, it is imperative that you get the help of an experienced criminal defense attorney with a specialty in DUI cases.
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 in Illinois
Across the country, states use the terms ‘DUI’ and ‘DWI’ almost interchangeably.
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. We know the ins and outs of they are developed by police and presented by prosecutors. We’ll work tirelessly to determine if the stop was lawful and understand the merits of the charges against you.
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Learn more about important legal issues in Illinois on our blog.