In my numerous years as a DUI defense attorney, I’ve seen all different types of DUI cases. According to the 2013 report from the Secretary of State’s office, there were 38,704 DUI arrests made in the year 2011. Out of all of those arrested, over 92% of them lost their driving privileges. Those are some staggering statistics!
There are some things you should know about receiving a DUI in Illinois. First of all, what is a DUI? DUI stands for “Driving Under the Influence” and typically refers to alcohol, although other drugs and methamphetamines can be included as well. In the state of Illinois, a driver with a blood-alcohol concentration (BAC) of .08 or higher, is considered to be driving illegally. The BAC can be determined through either a urine test, blood test or a breathalyzer.
What many people don’t realize is that individuals can be convicted of a DUI with a BAC of .05-.08, if evidence is given that their driving was impaired due to their consumption of alcohol. It’s not just the amount of alcohol consumption that’s important, it’s also the rate at which your body absorbs the alcohol. There are various contributing factors such as gender, tolerance, weight, environment, as well as any foods consumed.
While expunging a criminal DUI record may prove to be difficult, there are ways to proceed with a judicial hearing after being charged, that can benefit the driver in question. This is the time to consult with a lawyer, particularly one who specializes in DUI cases. A hearing with the intention to challenge a statutory summary suspension or revocation must be requested within 90 days of the notice date.
There are only certain issues that are considered by the court system. If your arrest wasn’t handled properly or you want to fight the charges, then you might just have a case. However, each case needs to be evaluated on an individual basis with a knowledgeable lawyer. There are other factors involved as well. Whether you submitted to a chemical test or not can play a role in whether or not you have a strong case.
While it is rare to get completely out of DUI charges, there may be options to lessen a sentence or minimize a sentence, particularly if it’s your first offense. If it’s not your first offense, you may have some serious consequences on your hands. However, as stated before, every case should be evaluated individually with an experienced lawyer.