When you are arrested for DUI in Illinois, the Secretary of State automatically suspends your driver’s license on the 46th day after your arrest. You may be able to overturn that suspension, particularly on a first offense. Illinois law sets out four specific grounds upon which to fight:
(1) Were you properly placed under arrest?
(2) Did the arresting officer have probable cause to believe that you were driving while under the influence?
(3) Did you refuse to take the breathalyzer or other chemical test? and
(4) Did you fail the test if you took it?
Your best chance at winning your license back may depend on your acting quickly. Your suspension could be automatically overturned if the State misses certain deadlines. Otherwise, an experienced DUI attorney may be able to present one of the above four arguments in its most favorable light.
If you have been charged with DUI or a similar offense, contact a DUI attorney immediately. An experienced attorney can help you through often confusing court procedures and probe for weaknesses in the state’s case. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com
Source: People v. Stoffle
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).