Have you been charged with a DUI? Will County criminal defense attorney Ryan N. Hejmanowski can help you!
Here in Illinois, any amount of drug that impairs the driver’s ability to safely operate a vehicle is enough for a DUI arrest. Having a prescription is not a defense to the charge. Basically, the prosecution has to prove that the drugs caused a driver’s impairment. However, the presence of any prohibited drugs, at any quantity, is enough for a charge under a separate section of the law. This is a strict liability crime where proof of the drug is enough to support a conviction. Any trace of marijuana, cocaine, heroin, or even legally prescribed narcotics can be the basis for a DUI conviction.
Penalties for DUI
An arrest for DUI can be charged as either a misdemeanor or felony offense. The specific circumstances of the case will determine how it’s charged. The drug involved, prior convictions, and the actions of the arrested driver will all contribute to whether it will be charged as a misdemeanor or felony. Penalties for being convicted of a DUI can include jail or prison time, forfeiture of the offender’s vehicle, suspension or revocation of the offender’s license, installation of a Breath Alcohol Ignition Interlock Device (BAIID), large fines, community service, or drug and alcohol counseling. First time offenders can face this wide array of penalties as well. Although the first time offender may have options that a repeat offender does not, there will still be a significant penalty upon conviction.
I Got a DUI, What Happens Now?
Just like a DUI for alcohol, you’re still basically fighting two cases: 1. The Statutory Summary Suspension; and, 2. The criminal DUI arrest itself. Whether you submit to field sobriety tests, a breath analysis, or neither, once you’re arrested you will be facing the loss of your license for a period of time. The first step in defending you is to contest that suspension and fight to help you keep your license. If it isn’t possible to rescind the suspension, you may still be able to secure a Monitored Device Driving Permit. The criminal case is where all the evidence against you is laid out. There will be multiple court dates while your DUI attorney analyzes the case against you, looking for every procedural deficiency and forming your defense against the charges. This may include going to trial to beat those charges, or negotiating to secure the least possible sentence for your individual case.
Defending Against DUI Charges
Hiring a Will County DUI Lawyer to defend you is the only way to ensure your rights are protected throughout the entire process. There are a myriad of factors affecting the outcome of a DUI case and having an experienced lawyer representing you is important. From attacking procedural errors made by the police to presenting evidence at trial attacking drug influence, I will defend you zealously at every step and stage.
If you have been charged with any type of drug crime, don’t wait. Contact me today and secure a Will County criminal defense attorney to fight for you.