Archive for the ‘DUI conviction’ tag
March 29th, 2017 at 8:00 am
Everyone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.
Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, people are often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.
Court-Ordered Drug or Alcohol Rehabilitation Programming
For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.
The program must be completed with a licensed treatment center and the cost of the program must be borne by the criminal defendant. There are several qualifying treatment centers from which to choose. Therefore, if you would be more comfortable attending a treatment program that is, for example, strictly for women, works exclusively with adolescents, or that has a religious affiliation, then this may be possible.
In less serious DUI cases, the court may require only that the convicted criminal defendant participate in a drug and alcohol remedial education program, instead of a treatment program. The purpose of these programs is to educate and help those individuals who have committed criminal acts, such as driving under the influence, as a result of their drug or alcohol use.
Fight the DUI Charges
Fighting your DUI charges is your best shot at avoiding a conviction for driving under the influence. If your DUI charges are dismissed, then you will not have to face jail time, fines, or be required to participate in a drug and alcohol education or rehabilitation program. For many people, a DUI is often the result of exercising temporary poor judgement. Someone who does not have a substance or alcohol abuse may not need a drug and alcohol educational program or rehabilitation program.
Contact Us for Help Today
There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI lawyer for assistance with your case.
March 6th, 2017 at 9:51 am
Being arrested for driving under the influence (DUI) can be scary, especially if you are a first time offender. You are likely unfamiliar with the DUI arrest and charging process, have little idea what happens next, and could use assistance to get through the process. Do not worry: an experienced criminal defense lawyer is able to help you throughout each step of your case.
What Can You Expect Happens Next?
Driver’s License Suspension. Once you have been booked and have had a chance to find a criminal defense lawyer, your driver’s license will be revoked. Driver’s license revocation is an automatic consequence of a DUI charge. If you quickly find a lawyer after being arrested for DUI, your lawyer can get to work preparing a petition for a hearing to rescind your driver’s license suspension.
First time DUI offenders also are able to apply for a monitoring device driving permit, which involves the installation of a breath alcohol ignition interlock device at the offender’s own expense that enables them to drive.
Arraignment Hearing. Shortly after the arrest, you will also have a hearing where the charges against you will be made clear. At this court appearance, your lawyer officially declares that he or she is your legal representative.
Strategy. You will talk with your lawyer and figure out what is the best criminal defense strategy for you. In some cases, it makes the most sense to work out a plea bargain with the prosecution. Other times, it makes the most sense to fight the charges that are pending against you. You may have a valid defense and believe that taking your case to court is the best option. Your lawyer will fight for you regardless of which path you choose.
Pre-trial Motions. If you decide to go on with a criminal trial, your lawyer will then work together with the prosecution to exchange evidence and other relevant materials so that your lawyer can prepare pre-trial motions. Pre-trial motions are motions to the court in advance of an actual criminal trial that attack certain deficiencies in the case. The point of pretrial motions is to either get the case dismissed or to prepare the case better for trial.
Criminal Trial. Next, you will have your criminal trial. This will be the formal trial where the elements of the alleged crime will be demonstrated (or not) by the prosecution, and your defense to your charges will be presented by your lawyer. You trial might be a jury trial or simple a trial before a judge. After the trial has concluded, a verdict will be rendered concerning your guilt or innocence.
Sentencing Hearing. If you are found guilty, there will be a sentencing hearing where the consequences of your DUI conviction will be handed down to you. At this hearing, your lawyer will work hard to present mitigating factors and other reasons why the judge should be lenient in your sentencing.
First Time DUI Offenders Should Call The Law Offices of Christopher M. Cosley
First time DUI offenders need the help of an experienced criminal defense lawyer to help them fight their charges. Please do not hesitate to contact a Rolling Meadows DUI lawyer immediately for assistance with your case.
December 1st, 2016 at 1:02 pm
Even the most sensible people can sometimes exercise poor judgement, or think that they are sober enough to drive after a few drinks. Drunk, intoxicated, or even buzzed drivers are often pulled over by law enforcement and arrested on DUI charges. Oftentimes, these individuals have no idea what to do because they are first time DUI offenders. A DUI conviction can have a profound impact on your life beyond the obvious criminal consequences, such as jail time and fines. Many first time DUI offenders are stunned by the additional consequences of a DUI.
DUI Facts: The Profile of the Average DUI Offender
According to the Office of the Illinois Secretary of State, the average DUI offender in Illinois is a male around the age of 34 years old, who is intoxicated behind the wheel between the hours of 11:00 p.m. and 4:00 a.m. This typical DUI offender generally has a blood alcohol concentration (BAC) of twice the legal limit (legal limit being 0.08 BAC in Illinois for drivers over the age of 21). Ninety percent of the drivers who were arrested in 2014 for DUI lost their driving privileges as a result, and 86 percent of those drivers who were arrested were first time offenders.
Additional Consequences of A DUI
In addition to the misdemeanor or felony penalties associated with a DUI conviction, there are a number of additional consequences that many people do not realize also result from a DUI conviction. For instance:
- In order to get your driver’s license reinstated, you will have to successfully attend and complete a drug and alcohol remedial education course, or a substance abuse course;
- You will have a permanent DUI conviction on your driving record;
- You may miss time from work or school because you have to deal with your DUI hearing;
- You may be able to get a restricted driving permit, but you will have to meet certain requirements for an administrative hearing before you can get the permit;
- Your vehicle registration will be suspended;
- Your vehicle will likely be impounded, and you must pay to get your vehicle out of impoundment;
- You will be required to get high-risk auto insurance for three years following your DUI conviction; and
- If you were subject to a blood test to determine your blood alcohol concentration level, you may be held liable for the cost of that blood test if you are subsequently convicted of a DUI.
First Time DUI Offender? Contact Our Offices Today
The courts do not take DUI offenses lightly and may be particularly harsh on first time DUI offenders. If you have been charged with a DUI, you will need help navigating your criminal charges and understanding the DUI court procedures for getting a restricted driving permit, a judicial hearing, and fighting your DUI charges. Please contact a passionate Rolling Meadows DUI defense attorney immediately to discuss your case.