DUI

Posted 02/17/2009

Driving under the influence of alcohol is a class A misdemeanor punishable up to 364 days in jail and a $2500 fine. It also may result in the loss of your driving privileges. There are several important issues that come up in DUI cases, many of which are time sensitive! The facts of each individual case differ and no one can give advice until they have had a chance to sit down and talk with you. Generally however, a DUI is actually like two cases. The first case has to do with your license being suspended. The second case is the criminal charge of DUI.

The first issue is the Statutory Summary Suspension that most people receive that tells the Secretary of State to suspend your Driver's license on the 46 th day after you fail or refuse a breath test. Depending on your facts you MAY qualify for relief in the form of a MDDP driving permit that will allow you to drive anytime, anywhere, for any reason with a breath machine installed in your vehicle. You also need to know about reinstatement fees and procedures.

Then the next step is the criminal case. There are many things that need to be done including requesting and reviewing the police reports and videotapes. There are also possible motions to suppress evidence or quash arrest, and negotiations that need to take place on your behalf. Additionally you need to be made aware of what consequences you may face as a result of any plea agreement you make regarding your driving privileges. There also might be a need for either a bench trial or jury trial to contest issues raised in your DUI case.

It is important to note that if there are aggravating factors present in your DUI case, the State may elect to elevate your DUI to a felony case. Examples of aggravating factors include accidents with personal injury, multiple convictions for DUI, not having a valid driver's license, or not having insurance.

What choices do you have?

  • You are NOT required to perform field sobriety tests!
  • You are generally NOT required to submit to a breath test!
  • You are NOT required to answer questions by the police!