What You Really Need To Know About DUI/DWI Cases In Illinois

Understanding the charges against you and potential penalties is an important starting place as you prepare to defend yourself. The Law Office of Attorney Anthony Tomkiewicz, P.C., in Joliet is ready to educate you and advocate for you if you have been accused of drunk driving in Illinois.

Possible Defenses In The Face Of DUI Charges

DUI can be charged six different ways based upon alcohol, drugs or combinations thereof. An attorney on your side who is well familiar with all types of charges and skilled at defense in any DUI case is a great advantage for your case. Your driving privileges, your freedom and your future are on the line if you have been charged with drunk driving or drugged driving. Turn to The Law Office of Attorney Anthony Tomkiewicz, P.C., to design and implement a workable defense strategy.

Some ways a DUI can be beaten is by proving the police officer:

  • Did not have a valid reason to pull you over
  • Did not warn you properly
  • Did not test you properly
  • Did not have enough evidence to prove intoxication
  • Can't prove you were in control of the vehicle

Keep Or Reinstate Your Driving Privileges After A DUI Arrest

When you get arrested for a DUI you will be notified of an upcoming suspension of your driver's license. The suspension can last from six months up to three years depending on:

  • Whether you submitted to or refused a breath, blood or urine test
  • If you have a previous DUI arrest within five years

Your attorney can try to challenge the suspension at a hearing or get you a motoring device driving permit (an M.D.D.P.), if you qualify, that will allow you to drive with a breath alcohol testing device (BAIID) in your car. The M.D.D.P. permit is not available for the first 30 days of the suspension, often called the "hard" part of the suspension.

You must pay a reinstatement fee to the secretary of state to get your license back at the end of your suspension. The fee starts at $250 for a first offender. Do not drive in violation of the suspension or you could face a minimum of 240 hours community service, 10 days in jail and/or a one-year extension of the suspension. A DUI is a Class A misdemeanor. This means that the maximum penalties are fines up to $2,500, probation up to two years and jail up to 364 days.

Repeat offenders, offenses committed with nonvalid driving privileges, offenses committed in uninsured vehicles and offenses with severe injuries or death can be charged as a felony (an offense punishable by one year or more in prison).

Reduced Penalties Or Probation

Some offenses can also require minimum community service hours or jail requirements such as 48 hours in jail. Probation is normally available for DUI. Probation is a period of time where the judge and a probation officer watch over you and not send you to jail.

A judge can order fines, costs, evaluations, treatment, community service, drugs tests and many other conditions including up to six months jail as terms of a probation.

Supervision is a special type of misdemeanor probation that is available when there is little or no criminal history. If supervision is completed without a violation, the case is then dismissed and there will never be a conviction of record. No jail can be ordered with supervision. Supervision is literally available once in a lifetime. You cannot get supervision for a DUI a second time. Supervision is an important opportunity because it prevents a conviction of record.

Serious Penalties In Some DUI Cases

Without supervision, a DUI will be a conviction of record that will trigger a minimum one-year revocation of the license in addition to your suspension. A revocation is worse than a suspension because you can't simply pay a reinstatement fee to get your license back; you must go through a formal hearing to prove your deserve it back. Also, unlike a suspension, no permit is available except in situations of extreme hardship.

The Law Office Of Attorney Anthony Tomkiewicz, P.C.'s Strong Defense Record

Even with an aggressive defense lawyer like Anthony Tomkiewicz, most cases are settled out of court. It can be to your advantage to pursue this style of defense. However, if you need to go to court to defend your freedom and your clean record, Mr. Tomkiewicz is always ready to take a case to trial.

Facing Drunk Driving Charges In Illinois?

Contact us. Call 630-423-8726 or send an email to request an initial consultation as soon as possible.