IL DUI Arrest Process
Understanding the DUI Process in Lake County
Have you been charged with a DUI in Lake County, Illinois? The DUI process moves through specific stages, and it can be helpful to understand each step. Hire Albert L. Wysocki, a seasoned attorney with decades of experience defending his clients. The penalties that result from a DUI conviction are extremely serious, so you should make sure you have powerful and committed legal representation for the best chance of an acquittal or dismissed charges.
Contact his office for a free consultation today!
What are the Stages of a DUI Arrest in Illinois?
If you have been charged with a DUI, you should understand the process of defending your DUI charges.
1. The Police Stop
- You are pulled over for suspicion of DUI by law enforcement.
2. The Arrest
- In order to be arrested for DUI, a driver needs to have a BAC (blood alcohol content) at or above .08.
- If you failed a blood or breath test with a BAC test, you are taken to a police station, booked and kept in in custody until you are released by posting bail or on your own recognizance.
3. Release from Jail
- You will be given a court date to defend your DUI charges and you will be informed that your license will be suspended in 46 days. The length of the license suspension is determined by certain factors, such as the number of DUI offenses on your record and whether you are accused of causing an accident with bodily harm to another party as a result of the DUI.
4. Petitioning for your License
- You then have the opportunity to petition for your license, which requires a hearing. You can request a Monitoring Device Driving Permit, which would require you to install an ignition interlock device in your car, at your own cost. These devices make sure that you do not have alcohol in your system and require you to pass a breath test before driving.
- You will enter a plea of guilty or not guilty.
- If you plan to plead guilty, your lawyer may have worked out a less serious charge in negotiations with the prosecutor, or a lesser sentence.
- If you plead not guilty, you will have to go to trial, at which point the prosecution will have to prove beyond a reasonable doubt that you were intoxicated and driving under the influence.
- If you are found guilty, you will have another hearing in order to be sentenced for a DUI conviction, or it could take place in the same court hearing.
- If you are found not guilty, you will be released with no penalties, free to live your life.
Before proceeding with your DUI case, you should be aware of the type of consequences you could be facing if you are fighting a DUI charge.
The penalties vary based on the number of offenses and other contributing factors (like whether or not a child was in the vehicle), but here is a quick breakdown of the charges:
- First offense: 1 year mandatory license revocation, up to 1 year in jail, up $2,500 in fines, possible ignition interlock device installation, up to 100 hours of community service, vehicle registration suspension
- Second offense: 1 year license revocation (5 years mandatory if this is the second DUI within 5 years), mandatory minimum of 5 days in jail or 240 hours of community service/up to 1 year in jail, up to $2,500 in fines, ignition interlock device installation, vehicle registration suspension
- Third offense: 10 year mandatory license revocation, up to 7 years in jail, up to $25,000 in fines, vehicle registration suspension
Hire a Trusted Attorney in Lake County
Don't risk your future by trusting just any attorney to help you defend your case. If you need help defending your DUI charges, contact lawyer Albert L. Wysocki. Mr. Wysocki was admitted to the Illinois Bar in 1977. He served as a judge for years before leaving his position to start his own practice, and has been a trial attorney for the past 15 years. His diverse experiences as a judge and prosecutor have prepared him to be the effective attorney that he is today.
Contact Albert L. Wysocki if you need legal representation for your DUI case today.
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