Addison, IL Multiple DUI Defense Attorneys
DUI Defense Lawyers Serving Wheaton, Villa Park, Lombard, and DuPage County
Illinois criminal defense attorneys often deal with zombie DUI convictions. Even if the conviction occurred decades ago and its accompanying penalties have long since been paid, it is still considered a prior DUI under state law. Making matters worse, anything other than a first DUI is not a supervision-eligible offense in Illinois. Supervised release is often in the best interests of the defendant and society in general, especially if the previous convictions are more than a few years old, or the defendant has an issue with substance abuse that requires treatment and therapy.
The seasoned attorneys at Stringini & Garvey, P.C. have over 65 years of combined experienced. Over this time period, they have established a well-deserved reputation for thorough preparation and aggressive advocacy, which are the two hallmarks of a good DUI defense lawyer. This dedication and experience extends to our professional and paraprofessional staff, and so the entire team is ready to work for you.
Possible Penalties in Illinois
Many people who are charged with a subsequent DUI are excellent candidates for probation. In these situations, an attorney must engineer a plea agreement or win the case. While a second DUI is still a Class A misdemeanor, any subsequent case is a felony. As the possible incarceration terms and fines increase, the license suspension period increases as well. Effective in January 2016, all drivers convicted of DUI, regardless of the number of times, may be eligible for a restricted driving permit before becoming eligible for full license reinstatement.
Nearly all DUI cases begin with a traffic stop. The officer must have reasonable suspicion of criminal activity to detain a person. Most of these stops are technically premised on traffic violations, like speeding or making an illegal u-turn, but others are more problematic. For example, an officer may pull over a car based on an informers tip or a radioed-in description.
After the stop, the officer must have probable cause to make an arrest. In about 80 percent of DUI cases, the probable cause is a breath test that indicates a BAC of .08 or above. Refusal cases are different because the probable cause is based exclusively on subjective field sobriety tests. Subsequent to the arrest, any evidence, whether it be a chemical sample or videos of field sobriety tests, must be carefully preserved in accordance with strict standards.
Any breakdown in any one of these areas might cause the judge to throw out the case. Alternatively, such deficiencies serve as powerful arguments at trial and effective tools during plea negotiations.
For an aggressive defense from experienced DUI attorneys, contact Stringini & Garvey, P.C. at 630-834-9595 for a free consultation. We serve clients throughout DuPage, DeKalb, Kendall, McHenry, Cook, Kane, Lake, Will Counties. Se habla Español.