Providing A Skilled Defense To DUI Charges Throughout Chicago
If you have been charged with a DUI in Chicago, or in the surrounding Illinois suburbs, contact Steve Roach Law Offices. We provide effective, experienced and aggressive criminal defense services on behalf of clients charged with misdemeanor or felony DUI.
We handle the criminal charges, as well as DMV/Secretary of State driver’s license hearings (also called Secretary of State hearings). We have extensive experience representing all drivers, including adults, juveniles and commercial drivers.
What You Can Expect From Us During Your DUI Defense Case
If you retain our firm to handle your DUI, we will aggressively pursue results and hold the prosecution to its burden of proof. We ask these and other vital questions on your behalf:
- Did the police have a valid basis to stop your vehicle?
- Did the police have a valid basis to make an arrest?
- Were any field sobriety tests properly administered?
- Were you properly advised of your rights, including your right to refuse testing?
- Was your alcohol breath test administered properly?
- Was the machine calibrated and used properly?
- Is there a legal or scientific basis to win your case?
Penalties For First-Time DUI Convictions
Recent changes to Illinois’ DUI laws have resulted in harsher penalties for first-time DUI offenders. While the judge has some discretion in sentencing options, the following penalties apply:
- License suspension: first time offenders receive a mandatory 6 months driver license suspension; 12 months if you refused to blow into a breathalyzer
- Fines: up to $2,500 for a misdemeanor and up to $25,000 for a felony
- Jail/prison: anywhere from no jail time to as much as 1 year in jail for a misdemeanor; anywhere from 1-3 years in prison for a felony DUI conviction
- Community service: typically up to 100 hours
- DUI hardship license: First-time DUI offenders are eligible for a DUI hardship license 31 days after the suspension of their license. If they are granted a hardship license, they must participate in either a breath alcohol ignition interlock device (BAIID) and possibly Secure Continuous Remote Alcohol Monitor (SCRAM) program.
Please note, participation in either the BAIID or SCRAM program will result in additional costs and involve monitoring a person’s blood alcohol content either around the clock or before and while driving.
Frequently Asked Questions About DUI in Schaumburg
A DUI arrest raises many practical questions. People in DuPage County and Chicago’s northwest suburbs usually want clear answers about what happens after a traffic stop, whether they can still drive, and how Illinois law treats DUI offenses. Here are some of the most common questions we receive:
Illinois law prohibits driving or being in actual physical control of a vehicle while impaired by alcohol, drugs, or certain medications. A driver may be charged if their blood alcohol concentration (BAC) is 0.08 percent or higher. Police may also arrest you when alcohol or drugs impair your ability to operate a vehicle safely – even if your chemical tests show you under the legal limit. That means prescription medications, cannabis, and other substances may lead to DUI charges if they affect your driving ability.
Stay calm and cooperate with the officer’s instructions. You must provide your driver’s license, along with your registration and proof of insurance, when requested.
Illinois drivers also must submit to chemical testing after a lawful DUI arrest or face automatic license consequences under the state’s implied consent law.
You have the right to remain silent when asked questions about drinking or drug use. Avoid arguing with the officer at the roadside. After the stop or arrest, contact a lawyer from Steve Roach Law Offices in DuPage County to discuss what happened and how to respond to the charge.
Many drivers’ driving privileges are suspended after a DUI arrest. This suspension is separate from the criminal case. A driver who fails a chemical test usually receives a six-month suspension for a first incident. Refusing a chemical test often leads to a longer suspension. Some drivers are eligible for limited driving privileges during this period, for example to commute to work. But you only have limited time to request this. An attorney serving Schaumburg, Wheaton, Park Ridge, Arlington Heights, Des Plaines, Palatine, Mount Prospect, and Rolling Meadows can explain your options and what to expect next.
Illinois allows drivers to petition to rescind the statutory summary suspension. This petition asks the court to review whether the traffic stop, arrest, and/or testing process followed the law. A successful challenge may remove the suspension from your driving record.
A first DUI offense is usually a Class A misdemeanor. Possible penalties include court supervision or probation and up to a year in jail. Illinois courts may also require alcohol education or treatment programs. License consequences often follow a conviction as well.
Penalties increase for repeat offenses or when aggravating factors exist. These include a high BAC, driving with a minor passenger, or causing bodily harm.
DUI cases often take several months to resolve, although timelines vary. Your attorney can help you understand what to expect.
Defense lawyers often file motions challenging the stop or testing procedures. Court schedules also affect timing. Some cases are resolved through negotiation, while others proceed to trial, and trial takes longer.
A DUI conviction in Schaumburg generally remains on your criminal record in Illinois and usually cannot be expunged or sealed. Court supervision may be available for some first-time DUI cases, which avoids a conviction if all conditions are completed.
Even when supervision is granted, the arrest record may still appear on background checks. Discussing your options with our experienced DUI defense lawyer at Steve Roach Law Offices will clarify what may be possible in your case.
Arrested On Criminal Charges? Contact Us.
If you need experienced legal representation from a seasoned and passionate advocate, contact us at one of our three convenient locations: 844-646-4400 You are also welcome to email us.
