Glen Ellyn, IL DUI Defense Lawyer

Attorney for Drunk Driving Charges in Glen Ellyn, Illinois

When you are arrested for drunk driving, you may worry about how your driver's license, your personal freedom, your finances, and other parts of your life may be affected. Fortunately, you have options for defending against charges of driving under the influence (DUI). With the help of an attorney, you can determine the best ways to avoid a conviction. At Goostree Law Group, our lawyer can protect your rights and advise you of your best options for resolving your case.

Call 630-584-4800 and let us help your family.

Understanding Charges of Driving Under the Influence in Illinois

There are multiple reasons why people may face DUI charges. Illinois law states that it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) that exceeds .08 percent. However, DUI charges may also apply if a person was allegedly unable to operate a vehicle safely because of the use of any amount of alcohol, marijuana, drugs, or other substances. A driver can face DUI charges based on the use of prescription medications, over-the-counter drugs, or combinations of substances that have allegedly caused them to be impaired.

Alcohol-Based DUI Charges

Alcohol use is the most common basis for a DUI charge. A police officer may pull a driver over based on their observations of the person's driving behavior, such as swerving, speeding, or running a red light. They may then conduct field sobriety tests, a preliminary breath test, or other forms of investigation to determine whether the driver had been drinking alcohol. If the officer has probable cause to believe the driver is impaired, they may arrest them for DUI.

Drug-Based DUI Charges

Allegations of impairment due to the use of drugs may also serve as the basis for DUI charges. A person may be arrested for driving under the influence of marijuana or other drugs. Illinois law has defined a legal limit that applies in cases involving the use of medicinal or recreational cannabis. A driver with at least five nanograms of THC per milliliter of blood or 10 nanograms per milliliter of saliva or other bodily fluids may be charged with DUI. The use of other controlled substances, including cocaine, methamphetamine, or prescription medications like opioids and sleep aids, may be reasons for DUI charges.

Combinations of Substances

DUI charges may also apply when alcohol and drugs have allegedly been combined, resulting in intoxication. Even if a single substance on its own would not cause impairment, the combination of multiple substances could lead to intoxication and DUI charges. If a police officer believes that a person was driving while impaired due to the use of a combination of alcohol, marijuana, prescription drugs, over-the-counter medications, or other substances, they may arrest the driver for DUI.

Chemical Tests and Statutory Summary Suspensions

Like other states, Illinois has an "implied consent" law that requires anyone who drives on the state's roads to consent to chemical testing after a DUI arrest. Police officers may perform blood, breath, or urine tests to determine whether a person was intoxicated while driving. If an officer arrests a person for DUI and requests a chemical test, refusing that test or failing it will lead to an automatic suspension of a person's driver's license. This is known as a statutory summary suspension, and it is separate from any license suspension or revocation that may apply if a person is convicted of DUI.

A person is considered to have failed a breath, blood, or urine test if the test shows that they have a BAC of 0.08 or higher, that they are over the legal limit for THC, or that they have a detectable amount of illegal controlled substances in their system. The penalty for a failed chemical test is a suspension of a person's driver's license for six months for a first offense and one year for a subsequent offense.

Refusing to submit to chemical testing will lead to a longer driver's license suspension. A license will be suspended for one year for a first-time offense and three years for any subsequent offenses.

Challenging a Statutory Summary Suspension

Our attorneys can take steps to defend against a statutory summary suspension. We can request a hearing with the Illinois Secretary of State and argue against a license suspension, or we may file a petition in court and ask a judge to review whether the suspension was lawful. Defenses against a license suspension may include arguing that a police officer did not have reasonable grounds to believe that a person was driving under the influence, that a DUI arrest was not lawful, or that a chemical test was not performed correctly.

Monitoring Device Driving Permits

A person who has been arrested for DUI for the first time may be able to receive a Monitoring Device Driving Permit (MDDP). With an MDDP, a person will be allowed to continue driving during the period when their license is suspended. They will be required to use a breath alcohol ignition interlock device (BAIID), which must be installed in their car throughout the period of suspension. Our lawyers can help clients understand their options for maintaining their ability to drive after being arrested for DUI.