When you were very young, you got caught driving while intoxicated and pled guilty to DUI. That was more than 20 years ago. Now you have been arrested for a second DUI.
Does the first one still count?
The answer is yes. The DUI law does not limit the amount of time the state can look back in order to enhance your punishment for a second-time DUI or upgrade you to an Aggravated DUI for a third or later offense.
Is there anything you can do? First contact an experienced DUI attorney. The attorney can review your case for your best possible defense. While you can’t undo the earlier DUI, you may be able to fight the current one. Did the police have probable cause to stop you? Can the state prove you guilty of all the elements of the DUI beyond a reasonable doubt? Can the state prove you were driving? The state has to prove you were the driver as well as that you had control of the car. How was your driving? Did you handle yourself well during the police stop? Did you perform well on any field sobriety tests? If not, can your performance be explained by something besides alcohol or drugs? Is the breathalyzer, if any, below or not very much over the legal limit? Even if the police followed procedures and 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.
(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).