DUI Lawyers in Aurora IL

The best DUI Lawyers in Aurora IL. Former prosecutors in Kane and DuPage County. Let us help you with your criminal case today.

Get Help Today from DUI Lawyers in Aurora IL

Attorney Andrew Nickel has dedicated his legal career to helping people accused of drinking and driving in Illinois prove their innocence. Nickel, a native of the western suburbs of Chicago, also practices family and criminal law. He started his career as an assistant state’s attorney in Kane County where he handled various cases, such as traffic matters and misdemeanor and felony DUI cases. In addition, he was the supervisor of the traffic, DUI and misdemeanor division.

This experience is where Andrew Nickel learned how the state builds cases against suspects.  He uses this is invaluable knowledge every day to challenge the state’s cases against his clients. Nickel knows the tactics the state uses, and he knows how to present evidence so that judges realize the weaknesses in the prosecutions’ cases.

Picking the Right Attorney in Aurora, IL

When facing a DUI in Aurora, it is vital to pick the right attorney. The majority of DUI lawyers in Aurora, IL don’t have the same knowledge, experience, and understanding of the law that Andrew Nickel does.

If a defendant can’t afford an attorney for their DUI case, using a public defender appointed by the court is an option. Unfortunately, most public defenders have a large number of criminal cases, including DUIs. Most public defenders are familiar with Illinois DUI law. However, they don’t have the time to devote to each case like Nickel. He spends time building a defense specific to each client, and he is not afraid to take your DUI case to court and fight for you if necessary.

If you are facing a DUI charge, contact the Law Offices of Andrew Nickel today for an initial consultation with a DUI lawyer in Aurora, IL.

DUI Basics – Learn from DUI Lawyers Aurora IL

The state of Illinois has strict DUI laws, outlined in state statute chapter 625, Vehicles, section 5-11-500. A person is charged with DUI, or driving under the influence when they operate a motor vehicle while their blood alcohol content is over the legal limit of 0.08 percent. This means the person has more than a legal amount of alcohol in their bloodstream at the time of the traffic stop or traffic accident. The state has zero tolerance for underage drinking. A driver under the age of 21 years old who is stopped for DUI can’t have any alcohol in their bloodstream. A driver can face worse penalties if their blood alcohol content (BAC) is higher than 0.16 percent. You can also be pulled over and arrested for DUI if you are driving under the influence of marijuana or other drugs.

If You Are Charged with a DUI, Speak with an Aurora Lawyer Today

If you are charged with DUI, you may also hear it referred to as DWI or driving while intoxicated. DUI and DWI are interchangeable terms.

Penalties for DUI conviction vary depending on the surrounding the arrest such as age, occupation and aggravated DUI. The penalties for a first-time DUI conviction include license revocation for one year. It is revoked for two years if the driver is under 21 years old.

A second conviction carries with it a mandatory minimum of five days in jail or 240 hours of community service. The minimum of suspended driving privileges for at least five years if the second DUI conviction occurred within 20 years.

Your third DUI conviction is considered an aggravated DUI. This is a Class 2 felony. Driving privileges are suspended for at least 10 years. A mandatory minimum $2,500 fine if the driver had a BAC higher than 0.16 percent. The penalty increases to $25,000 fine and 25 days of community service. Aggravated DUI convictions in Illinois have different possible maximum sentences than misdemeanor DUI. The classification as a felony means that if convicted, there is mandatory jail time.

DUI Defense – Trusted Attorneys in Aurora IL

If you are facing a DUI charge in Aurora IL, you may believe the state has a slam dunk win, and you have no chance. You may be thinking about pleading guilty and not fighting the DUI charge. However, do not give in so easily! Even if the breathalyzer or blood test came back showing a high BAC or police provided evidence that you were under the influence of drugs and/or alcohol, you still have a chance to beat the charge.

Consulting with a DUI lawyer in Aurora, IL will help you understand all of your options.

What most people don’t realize is that the state must prove their case against you beyond a reasonable doubt. This means if there is even a shred of doubt that you were driving under the influence, you could be able to win your case. Many people have a chance of beating DUI charges with the help of a DUI lawyer in Aurora, IL. An experienced attorney can help you develop strategies to challenge the state’s case against you.

For example, one defense strategy is filing a motion to suppress evidence. It is every citizen’s right to be free from an unreasonable seizure or search according to the 4th Amendment. This can be applied in your DUI case like so: If a police officer had no legal probable cause for DUI arrest, or example if they simply observed you behaving oddly but did not observe you breaking any laws, you might be able to have the case dismissed or evidence suppressed.

Another strategy is to attack the field sobriety tests reliability. The National Highway Traffic Safety Administration (NHTSA) created the field sobriety tests. They must be conducted according to strict rules. Law enforcement doesn’t always administer the tests how they are supposed to. Also, there can be conflicting issues that make it appear as though a person has failed one or more of the tests.

Finally, suppressing breathalyzer evidence is another defense strategy. A breathalyzer test is the strongest evidence because it shows a BAC number. However, DUI lawyers in Aurora, IL may try to get this evidence suppressed, because it’s not always accurate. Various situations, such the use of mouthwash, can cause an inaccurate breathalyzer reading.

If you are facing a DUI charge, contact the Law Offices of Andrew Nickel today for an initial consultation with a DUI lawyer in Aurora, IL.

DUI Penalties Explained by DUI Lawyers in Aurora IL

An individual accused of DUI will face two penalties. First are the criminal charges and penalties, such as the fine or jail time. Second is the administrative driver’s license suspension, ordered by the state’s DMV. An administrative license suspension doesn’t require a person to be convicted of DUI. It starts immediately. The individual does have a chance to fight the license suspension and restore their license.

Speak with an Aurora, Illinois Lawyer about Your Case

If you are facing a DUI, it is vital to request a hearing to fight to keep your driving privileges. The hearing should take 30 days, and you can be represented by a lawyer. If the DMV doesn’t find in the person’s favor, they may be eligible for a restricted driver’s license.

The criminal DUI charge is a Class A misdemeanor, typically. In cases of repeat offenders, DUI can be considered a felony. The punishment depends on the circumstances of the case and includes:

  • Fees and Costs: Mandatory fees and court costs range from $1,200 to $2,000.
  • Victim Impact Panel: The individual must meet one time with victims of DUI crashes or surviving family members. They discuss the impact a DUI crash had on their lives.
  • Drug and Alcohol Counseling: A person must attend alcohol or drug treatment for 10 to 75 hours.

Top Criminal Defense from Attorneys in Aurora IL

Despite their years of experience as a DUI lawyer in Aurora, IL, The Law Offices of Andrew Nickel handle more than DUI cases. They also represent clients facing traffic citations, various criminal cases, and family law situations. Andrew Nickel and his team are well-known for their work fighting criminal charges, both misdemeanors, and felonies.

Felony crimes can result in sentences ranging from one to 30 years in prison. Nickel fights these cases tenaciously in the courtroom, arguing for the best possible outcomes for his clients. He has experience with serious Class X felonies that don’t include probation as a sentence. Felony crimes in Illinois include things like retail theft, criminal damage to property, aggravated battery, and forgery.

Trusted Criminal Defense Attorneys in Aurora, IL

The Law Offices of Andrew Nickel can also assist if you are facing a misdemeanor. In Illinois, a misdemeanor is punishable by less than one year in county jail. It also has a fine ranging from $1,500 to $2,500. Misdemeanors include crimes like trespassing, domestic battery, and retail theft.

If you are facing a felony, misdemeanor, or DUI charge and need an experienced defense or DUI lawyer in Aurora, IL, contact the Law Offices of Andrew Nickel.