First-Time DUI in Illinois: What You Need to Know. If you’re pulled over for an alleged DUI for the first time in Illinois, a lot is going on, and it can be easy to feel overwhelmed. You may be unsure how to respond when the police ask you to perform special tests. Or you might be a bit further in the process, and have received notifications for multiple legal proceedings, and aren’t sure how to handle them.
DUIs are unique cases, and hiring the right DUI First Offense Lawyer in Southern Illinois can make all the difference by fighting relentlessly for your rights. At Combs Waterkotte, we’re here to help good people in difficult situations, and we have successfully handled over 10,000 cases just like yours.
Reach out at (314) 900-HELP or contact us online to start building your defense today.
First Time DUI in Illinois – Don’t Panic
Wherever you are in the DUI process, remain calm. Getting expert guidance from a qualified attorney can significantly improve your case’s outcome and protect your future.
When you reach out to an attorney, be ready by gathering the following information:
- Any legal letters or paperwork
- Upcoming court dates
- Details about the arrest and charges
- What you’ve told police or prosecutors
Be ready with questions for the attorney, too, so you can get an idea of their experience and strategies to help you. Here’s a few that are good to ask:
- Have you had DUI cases like mine before? If so, what is your track record?
- What strategy are you planning to use to defend my case?
- What is the best case scenario for my case’s outcome? How realistic is it?
- What are your fees, and will I have to pay any additional costs?
- How long do you think my case will take?
- How often will you update me about my case’s progress?
What to Expect When You’re Pulled Over for a First-Time DUI in Southern Illinois
If you’re pulled over in Southern Illinois and the police suspect you are driving under the influence, there are a few steps they may take for an evaluation:
First, remain calm and avoid making any sudden movements. Stay in your vehicle and keep your hands visible at all times, and do not exit unless the officer asks you to do so. This helps keep both of you safe during the stop. Have your paperwork and license ready. Even if you’re completely sober, nervous movements can be misread, so have your paperwork ready in your hand before the officer arrives at your window.
After speaking with you, the officer may ask you to perform a Field Sobriety Test. They will ask you to stand on one leg, walk in a straight line, and/or follow something with your eyes. You are not required to participate in this, and our Southern Illinois DUI defense attorneys recommend not doing the tests, as you would be giving law enforcement more evidence for their case. Also, it’s important to note that an officer can still arrest you even if you refuse a field sobriety test, as long as they have sufficient probable cause.
After an arrest, the police officer may ask you to take a breathalyzer test. In Illinois, for your first refusal to take a breathalyzer test, your license will be automatically suspended for one year as a Statutory Summary Suspension (SSS), and the fact that you refused can be used against you in court.
The breathalyzer test itself consists of having you blow into a tube on a device that will analyze your breath for blood alcohol content (BAC). In Illinois, if you are 21 or over and have a BAC of over .08%, you will automatically lose full driving privileges, and the legal process will begin.
However, after a suspension you have 90 days to challenge the suspension with a “Petition to Rescind the Statutory Summary Suspension.” Our Southern Illinois DUI lawyers advise us to refuse the breathalyzer test until police get a warrant, and can usually save a license at the petition hearing.
Potential Consequences of a First-Time DUI in Southern Illinois
What are you up against with a DUI charge? In Southern Illinois, the potential consequences break into two realms: the criminal charge and the driver’s license suspension.
Legal Penalties
Criminally, a DUI is typically a Class A misdemeanor in Illinois, though certain factors can change this. Below are the typical penalties for a first-time DUI conviction:
- Up to 1 year of jail time
- Up to a $2,500 fine
Aggravating factors can affect these penalties, such as having a BAC of .16% or more, having a minor in the car, or causing an injury. These can not only increase the penalties, but also potentially upgrade a regular DUI to an “Aggravated DUI,” a potential felony. These penalties are more severe, such as:
- Mandatory jail time, or 480 hours of community service.
- Up to 12 years imprisonment
- Up to a $25,000 fine.
Driver’s License
While the criminal charges in a DUI can seem more immediately shocking, the loss of your license can be a longer-lasting impact.
For a typical first DUI conviction, the penalties include a minimum of 1-year loss of full driving privileges. For an aggravated DUI conviction, even if it is a first time, the minimum restriction goes up to a 2-year loss of full driving privileges.
Fortunately, in Illinois, you may be able to receive a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP) during that time.
An MDDP is only available for first-time DUI convictions, and allows you to drive after passing a breath test that has been installed in your car. Besides this, there aren’t any restrictions on where or when you can drive.
An RDP is more restrictive, only allowing you to drive for specific purposes, at certain times, and in designated areas. Proof of your need to drive will be required before an RDP is issued.
Applying for an RDP can also involve a hearing, and having a local DUI Lawyer at your side can increase your chances of receiving a driving permit.
Criminal Record
Some criminal records can be sealed or expunged to prevent them from being publicly available. However, in Illinois, DUI convictions cannot be sealed or expunged. This is the case whether you were tried as an adult or a minor, so these records will be with you for the rest of your life.
Career Consequences
In most cases, a first-time DUI conviction will not completely ruin your career, but there are spaces where it can have a major impact:
- Driving to or from work can be impacted, affecting the practicality of your job.
- If your job involves driving, having your license suspended can make you unable to perform your job.
- Some employers have a zero-tolerance policy for DUIs, and others may look into your criminal record when considering you for employment.
- Professional licensing boards will also consider this, and may mandate that you report a DUI conviction.
If you are arrested or convicted of a DUI, most of the time, it’s better to get ahead of the issue with your employer and be upfront about it rather than try to conceal it. However, if you have not been convicted of an alleged DUI yet, a DUI defense lawyer can help you fight the charges and protect your life.
Defense Strategies for a First-Time DUI in Southern Illinois
Depending on the specifics of your case, there are different ways a DUI defense lawyer can stand up for your rights and combat the prosecution’s case. While every defense is different, here are some common points a defense lawyer can challenge:
- The Traffic Stop: If the officer did not have probable cause for the traffic stop, it’s possible that the evidence obtained from it can be thrown out.
- Challenging Field Sobriety Tests: The Field Sobriety Tests we mentioned earlier are not definitive proof of a DUI, and can be influenced by numerous outside factors.
- Breathalyzer Accuracy: Breathalyzers are generally accurate, but they can be wrong. If the equipment malfunctioned, was not properly maintained, or was used incorrectly, the results may not be accurate. Some medications or health issues can also result in a false-positive.
- Constitutional Rights Violations: Similar to the notes on the traffic stop, if any other evidence was obtained improperly, it can be thrown out and not usable in the prosecution’s case.
Combs Waterkotte will examine your case for any of these potential options, and more. If any of the evidence is weak or improperly collected, we’ll fight to have it thrown out and ensure your rights are protected. The sooner you reach out, the better chance we’ll have to stop a conviction.
Contact a Southern Illinois First DUI Offense Attorney Today
One mistake shouldn’t stain the rest of your life. Bringing in expert help to protect you can be the difference between being found innocent and a conviction with jail time, fines, and the loss of your license. With two former prosecutors, we know how the state builds a case against you and can come up with a strategy to combat it.
Call us at (314) 900-HELP or reach out online to get started today with a free, confidential case review.
