Wheaton, Illinois DUI Defense Attorney

Aggressive Drunk Driving Defense Lawyer in DuPage and Kane Counties

A charge of Driving Under the Influence (DUI) in Illinois, can have a severe impact on your future. The prosecuting authority, armed with strong tools provided by the State legislature, will aggressively pursue your DUI, and a conviction can be very financially and emotionally costly for you and your family. When you are facing DUI charges, you need an Illinois criminal defense attorney with the experience and tenacity to successfully argue your case.
Attorney Stacey A. McCullough has been representing DUI defendants for two decades. She is highly familiar with all aspects of the Illinois drunk driving laws and what needs to be done to mitigate the effect a DUI will have on your future. Stacey does thorough research, identifying any and all evidence that can be used to defend your case.

Illinois DUI Laws

A person may be charged with a DUI in Illinois under the following circumstances:

• A blood alcohol level of .08 or greater;
• Under the influence of alcohol or any “intoxicating compound” to a degree that “renders the person incapable of driving safely”;
• Under the influence of any drug (or combination of drugs) that renders them incapable of driving safely; or
• Under the combined influence of both drugs and alcohol to a degree that renders them incapable of driving safely.

When you are pulled over for suspicion of a DUI, you are typically asked to submit to a variety of field sobriety tests. When you obtain a driver’s license in Illinois, it is implied that you are giving your consent for a breath, blood or urine test in the event that you are lawfully arrested for DUI. Refusal to take a chemical test can result in the suspension of your driver’s license for an extended period of time. However, cases where there is no test available can also be easier to challenge.

DUI Convictions in Illinois

The seriousness of the penalties for being convicted of a DUI in Illinois may vary depending on the circumstances surrounding the incident. The first offense is typically a Class A misdemeanor with fines up to $2500 and up to one year in county jail. A second offense is usually also charged as a Class A misdemeanor, but can sometimes be elevated to a felony DUI. Third and fourth offenses are usually Class 2 felonies. Fifth offenses are typically Class 1 felonies, with sixth or higher resulting in a Class X felony.
Penalties for a felony DUI may include:

• Revocation of your driver’s license;
• Up to $25,000 in fines; or
• Extended prison time.

Certain circumstances can elevate a first offense DUI from a misdemeanor to a felony. These include:

• An accident leading to great bodily harm and/or death;
• Driving under the influence with a suspended or revoked driver’s license;
• Driving under the influence without auto insurance;
• Driving under the influence with a minor in the vehicle; or
• Driving a school bus while intoxicated.

Defending Against a DUI in Illinois

There are several aspects of a DUI charge that may potentially be challenged. For example, the police may not have had probable cause to stop you in the first place. In addition, the administration of the chemical or field sobriety test may have been suspect. Other factors surrounding the incident may also be at issue, such as the weather and driving conditions at the time you were stopped.

At our firm, we look at all the evidence in your DUI case to identify weaknesses that can be exploited for your benefit. This often results in reduced penalties and/or charges being dismissed. For an Initial Attorney Meeting to determine your best options for fighting your DUI arrest, contact us today at 630-871-1700. Our law firm represents clients in criminal legal cases, traffic violations, juvenile defense cases and expungements throughout the Chicagoland area; including Wheaton, Naperville, Elgin, Batavia, Aurora, DuPage County, and Kane County, Illinois.