Criminal Attorney • DUI Lawyer
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How much is too much to drink? |
When we quote you a price for a DUI it takes into account which number DUI this is on your record. The reason that we have to determine if you are a first time offender, as defined in the statute, is that you are no longer eligible for supervision if you are not a first time DUI offender. That means that a non-first time offender will most likely will have to go to trial in order to preserve driving privileges. A conviction on any DUT, even if it is a first offense, will cause the Illinois Secretary of State to revoke your driving privileges.
Our fee for DUI includes the following:
- Representation on a Petition to Rescind the Statutory Summary Suspension;
- Representation as to all hearings related to the DUI and traffic offenses issued at the same time as the DUI;
- Applying for a judicial driving permit providing that you are a first time offender as defined in the statute; and
- Representation on all tickets issued at the same time as the DUI for the same price quoted.
Since January 1, 2006, driving a vehicle without proof of insurance while being arrested for a DUI allows the state's attorney to enhance the DUI to a felony DUI.
Zero Tolerance
The “Zero Tolerance Law” provides that any person under the age of twenty-one (21) years old who is driving or in physical control of a motor vehicle upon the public highways in the State of Illinois shall be deemed to have given consent to a chemical test or tests of blood, breath or urine for the purpose of determining alcohol content in that person’s blood. If arrested, as evidenced by the issuance of a traffic ticket for any violation of the Illinois Vehicle Code or similar provision of a Local Ordinance. At that point, if a police officer has probable cause to believe that the driver has consumed any amount of an alcoholic beverage based upon the evidence of the driver’s physical condition or other firsthand knowledge of the police officer, the officer can order that the tests be employed. Any blood alcohol concentration of more than 0.00 results in a sworn report of law enforcement officer being delivered to the Illinois Secretary of State which results in the suspension of the person’s driving privileges.
“Zero Tolerance” does not provide for the issuance of a Judicial Driving Permit but does permit the driver to receive a Restricted Driving Permit at the Illinois Secretary of State’s discretion. The only appeal of this driver’s license sanction of suspending the driver’s license is by requesting an administrative hearing with the Secretary of State.
Judicial Driving Permits
A judicial driving permit or JDP is important as a JDP allows a person charged with a DUI to drive to and from work, to and from an accredited school or university and/or an accredited medical facility. A JDP is only issued to first time DUI offenders. The first thirty-one (31) days of a summary suspension, provided that there has been no rescission of the summary suspension, is considered “hard time”. This means that a judicial driving permit does not cover those initial 31 days. Once a judicial driving permit is issued by a judge, the paperwork is sent to the Illinois Secretary of State where the judicial driving permit is issued. It is important that an offender does not drive until they receive the notification from the Illinois Secretary of State as to the dates and times that they are available to drive during the summary suspension.
Summary Suspension
The statuary summary suspension is mandatory in all cases involving a DUI. This has the effect of automatically suspending your driver’s license. The length of time for the suspension is based on whether or not the alleged intoxicated driver refused the breathalyzer or blood test or took the same. Obviously, there is coercion to take these tests. Agreeing to these tests will yield a shorter statutory summary suspension.
Revoked and Suspended License Offenses
Driving on a Suspended License and Driving on a Revoked License are both considered Class A misdemeanors. However, they are treated very differently by the courts. These are cases that are the easiest for a prosecutor to pursue as all a prosecutor needs to do is to place the offender in a vehicle on a public way and introduce the driver’s license abstract from the Illinois Secretary of State’s office to indicate that at the date and time in question the offender’s license was either suspended or revoked.
In the case of a suspended license there are a number of reasons that a license may be suspended. They range from failing an emissions test to driving during a summary suspension issued pursuant to a DUI offense. Any time a person is charged with a driving while a license is suspended they should have legal representation.
Driving while your license is revoked also requires legal representation based upon the severity of the statutory structure relating to sentencing. Driving on a revoked license where the license was revoked pursuant to a DUI requires the judge to either incarcerate the defendant on sentencing or sentence the defendant to a minimum, (on a first offense) thirty (30) days of community service. The penalties on sentencing increase with each subsequent revoked license ticket. Additionally, the third revoked licensing offense may result in felony charges being brought. The first felony revoked license offense is considered a Class 4 felony. Class 4 felonies carry a sentence of one to four years in a state penitentiary. A subsequent felony revoked license offense is a Class 3 felony which will result in a two to five year jail term in an Illinois penitentiary.
Driving while a license is Suspended or Driving while a License is Revoked are serious offenses that require an experienced attorney such as Michael A. Meschino to insure that your rights are protected and that you receive the absolute minimum sentence available.
Our Most Frequented Courthouses
Our office has a great deal of experience on these types of cases in the Third Municipal District Courthouse located at 2121 E. Euclid Avenue, Rolling Meadows, IL; the Second Municipal District Courthouse located at 5600 W. Old Orchard Road, Skokie, IL and the new Mundelein Field Courthouse located in western Lake County. Our minimum fees for representation in these areas are as follows:
DUI (1st Time Offenders) |
$ 900.00 |
DUI (2nd Time Offenders +) |
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Traffic Tickets |
$ 150.00 per ticket |
Class A Misdemeanor |
$ 500.00 per offense |
Suspended License Charge |
$ 350.00 |
Revoked License Charge |
$ 400.00 |
Illinois Highway Construction Zone Ticket |
$ 225.00 |
Obviously, traffic tickets and DUI charges that involve automobile accidents where there was either property damage or personal injury that resulted from the incident will require more fees and the cases become more complicated. Additionally, the minimum for any trial on a DUI is $1,600.00. If a jury trial is requested then you should add another $750.00.
Please also remember that I am an experienced lawyer with several jury and bench trials to my credit. I have been through this process before and I have formulated specific jury instructions and request for discovery designed to present the most cohesive case possible for a defendant that utilizes my office.
Other Courthouses
We are also available to practice in any of the Lake County, IL courts, the Cook County Districts including cases heard at the Richard J. Daley Civic Center in downtown Chicago and cases in Dupage County Court including the Addison Field Courthouse, the Glendale Heights Field Courthouse, and the Downer's Grove Field Courthouse.
We are located 5 minutes from the Rolling Meadow courthouse, 15 minutes from the Mundelien Field Court, 30 minutes from the Skokie court house, 20 minutes from the Glendale Heights Field Court, and 15 minutes from the Addison Field court.
Our firm represents people throughout northwest suburbs of Chicago, Illinois, including Arlington Heights, Palatine, Mt. Prospect, Schaumburg, Streamwood, Inverness, Hanover Park, Lake Zurich, and Deerfield.
To schedule a free initial consultation with a DWI/DUI attorney, email us or call us at 1-800-835-4202.
