DUI Lawyers in Aurora IL
Get Help Today from Expert DUI Attorneys in Aurora, Illinois
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.
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 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. Mr. Nickel 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 attorney from Aurora, IL.
DUI Basics from Top Criminal Attorneys in Aurora
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.
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. 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.
Trusted DUI Defense Lawyers for Aurora, Illinois
If you are facing a DUI charge, 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. 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 with the help of your attorneys in Aurora.
Consultation with a DUI attorney from 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.
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.
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 on how they are supposed to. Also, there can be conflicting legal issues that make it appear as though a person has failed one or more of the tests.
Understand How DUI Penalties Work
An individual accused of DUI will face two legal 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.
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 an attorney. 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 by law 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 in Aurora, Illinois
Despite their years of legal experience as a DUI attorney from Aurora, Illinois, 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.
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 legal experience with serious Class X felonies that don’t include probation as a sentence.
Trusted Criminal Defense Attorneys in Aurora, IL
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.