et's start by understanding what a DUI arrest in Rockford and surrounding counties entails. You may assume you are facing one charge. However, an arrest for DUI actually starts three (3) cases in motion:
- First, you have a vehicle impoundment and in some circumstances, the arrest is a violation of your civil rights. It's possible we can litigate the typically punitive amount that's charged to retrieve your car from the tow yard.
- Second, if you are issued a Notice of Statutory Summary Suspension, you are either facing an immediate revocation OR a suspension that starts on the 46th day after receipt. That summary suspension is a civil issue where the criminal court effectively acts as the Illinois Secretary of State when we challenge the suspension. There are a number of legal arguments as well as statutory "outs" that we can make to fight your suspension. The primary or easiest path to winning a DUI based Summary Suspension case is filing a petition to rescind on all legal grounds available for your defense, and that filing itself, places a 30-day burden on the State to provide you with a timely hearing.
If the Police mess up filing their paperwork or if the Secretary of State doesn't process that paperwork fast enough, you are free to continue driving after the court lifts the suspension. If the confirmation is processed in a timely manner, we still have the legal arguments available to try and convince a judge you should not be suspended. If these arguments fail, I provide the paperwork to obtain a BAIID (breath alcohol ignition interlock device) as well as the form to request the program from the Secretary of State. This device, if you are eligible, will allow you to drive on an MDDP monitoring device driving permit during the course of your suspension.
- The third part of your case is what you would traditionally think your case is comprised of. This requires the court appearances on the criminal side of the case (misdemeanor or felony). As a DUI & Criminal attorney in Rockford, I've handled a large amount of these cases and will compare the facts of your case to seek all available defenses to your charge. If the traffic stop was invalid that led to your arrest, if you provided a breath sample at the jail but the logbook had errors or the machine had an error during the sample, or maybe the officer doesn't administer field sobriety tests correctly can lead to inadmissible evidence, making it harder for the State to try and prove you guilty at trial. Each detainment has at least something at issue that may help your case, despite how your arrest may have occurred no matter how bad it may have been, talk to me now, so you can thank me later.
While some may think these cases are simple, they are anything but. If you or a loved one is faced with a DUI charge it pays to at least discuss your case with an attorney, especially if you are handling it on your own (pro se). By no means is this topic exhausted and there are always certain issues that individuals are facing in each case that are specific to only that situation such as an out of state driver's license being impacted from an Illinois DUI arrest or conviction, permits to drive for employment purposes, and a number of other issues that come up. Call, email, or send a text message to discuss your case today. Payment plans are available for qualified individuals.