Chicago DUI Lawyer

Being arrested for Driving Under the Influence (DUI) is a frightening and stressful experience. Losing your driver’s license or being convicted of a criminal offense may have far reaching consequences that affect your ability to work and live according your wishes. Chicago DUI attorney Jeffry Mandel understands the costs of being convicted of a DUI. Mr. Mandell will be your advocate, fighting on your behalf to protect both your license and your freedom.

Chicago DUI Defense

The consequences of being arrested for DUI vary based on several factors, including

• the results of blood alcohol testing (or the refusal to submit to blood alcohol testing),
• prior offenses and
• the circumstances of the traffic stop.

Illinois DUI law is intricate and dynamic, changing frequently as lawmakers update penalties and procedures. It is critical that individuals accused of a DUI fully understand both the charges brought against them and the array of potential consequences. Consulting with a knowledgeable and experienced Chicago DUI attorney is a good first step in understanding all available options.

Chicago DUI attorney Jeffry Mandell has decades of experience defending individuals who have been accused of a DUI offense. It is important to know that your DUI attorney will not just plea bargain every time, but will try to take your case to trial and fully defend your rights. Mr. Mandell’s history of defending clients has won him a reputation as an attorney who routinely does outstanding work for his clients and who is willing to take a case to trial and defend your rights in front of a jury. Please see Mr. Mandell’s case summaries for examples.

When faced with DUI charges, be proactive. Do not wait for the courts to decide how your rights will be handled. Consulting with an experienced Illinois DUI attorney will help you understand all of your options and help ensure you receive a rigorous defense. Conact us today to begin the process.

Chicago DUI: Criminal and Civil Cases

Driving Under the Influence, or DUI, is defined by Illinois law as the operation of a motor vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol content in Illinois is .08%, meaning if you submit to a chemical test and your blood alcohol content exceeds this level, you will be arrested and charged with DUI. If you refuse to submit to chemical testing, an officer may still choose to arrest you for DUI if he or she suspects you are operating a vehicle while legally impaired.

When a person is cited for a DUI offense in Illinois, he or she faces two concurrent but independent cases: a civil, or administrative, action, typically the summary suspension of the driver’s license, and a criminal case. The civil action only affects the suspension of the accused person’s driver’s license. The criminal charge of Driving Under the Influence (DUI) can result in fines, revocation of the driver’s license or jail time if not properly challenged.

Illinois Statutory Summary Suspension Law and Implied Consent

Under Illinois law, the only thing an individual is required to do when stopped by the police for a suspected vehicular infraction is produce a valid driver’s license and proof of insurance. You are not required to submit to field sobriety tests, such as the Walk and Turn or One Leg Stand, or to chemical testing, such as a Breathalyzer test. However, refusal to submit to chemical testing will result in the automatic summery suspension of your driver’s license.

A statutory summary suspension is the automatic suspension of driving privileges for a specific period of time as prescribed by Illinois state law. Summary suspension is based on the idea of implied consent. Any person driving on Illinois roads is exercising the privilege of driving, not the right, and is therefore giving consent to be submitted to certain drug and alcohol testing. Failing such testing, for example having a blood alcohol content greater than .08%, or failure to submit to such testing results in automatic license suspension.

Since the passage of Illinois Statutory Summary Suspension guidelines in 2009, the penalties for refusing to take a Breathalyzer test have increased.

• Failing a blood alcohol test, for a first time offender, results in a 6 month suspension.
• Refusal to submit to drug or alcohol testing, for a first time offender, results in an automatic 12 month license suspension.
• Failing a blood alcohol test, for second time offenders, results in a one year suspension.
• Refusal to submit, for second time offenders, results in a three year suspension.

If you are charged with a DUI and have a valid driver’s license, the summary suspension of your license will occur 46 days after your arrest. You will be allowed to drive during that 46 day period.

You have the right to challenge the summary suspension of your license. The challenge must be filed within 90 days of the notice of suspension, which is issued by the Illinois Secretary of State’s office. First time offenders may qualify for a Monitoring Device Driving Permit, which allows you to drive while your license is suspended if your vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). First time offenders must apply for this permit pay for the cost of the BAIID.

Enlisting the help of a skilled Chicago DUI defense lawyer who is familiar with the intricacies of the law in your county of residence will give you the tools you need to challenge various aspects of your summary suspension. Chicago DUI defense attorney Jeffry Mandell has experience handling both the administrative and criminal aspects of a DUI case and will thoroughly defend your license and your freedom.