Arrested for Driving Under the Influence? Hire an Experienced DUI Lawyer Near Chicago, IL
The DUI statute in Illinois (625 ILCS 5/11-501) is fraught with technicalities, procedural requirements, sentencing mandates, and loopholes. This practice area is not for the part time practitioner. It requires an attorney who faces these charges on a daily basis. Mark Battaglia has prosecuted and defended DUI’s his entire career. He has tried hundreds of cases, many to a verdict of NOT GUILTY!
People charged with DUI run the gambit. Many DUI offenders are law abiding citizens who have simply made a mistake. But everybody is treated the same in Court, and a sterling background will not be enough to get the case thrown out. Mark Battaglia has the knowledge and the tools necessary to scour your case for possible defenses and oversights, closely examine the evidence the police bring against you, and challenge the State’s ability to prove you guilty.
Elements of a DUI Case
DUI’s have aspects to them that no other criminal case has. Below are a few of the things to consider when evaluating a charge of driving under the influence.
- Field Sobriety Tests: These are tests administered by a police office to a motorist suspected of being under the influence. They are also known as divided attention tests. They are usually administered on the side of the road during the traffic stop and they consist of being able to balance at the same time you are counting, or being able to follow a stimulus smoothly with your eyes. The performance of these tests are almost always captured on video and shown to the judge or jury during the trial.
- Breathalyzer: This is a machine that estimates the amount of alcohol in your blood by measuring the amount of alcohol in your breath as you exhale. To use it properly, a subject must blow into a tube. The air than passes through a chamber that measures the amount air passing through it, and once a determinate amount is provided, the air is then diverted to another chamber that measures the amount of alcohol in the sample. When used properly by a licensed technician, the breathalyzer usually produces a reliable result.
- Blood Sample: Sometimes a suspect will be asked to provide a blood sample or even a urine sample for testing. A blood draw must be performed by a licenses phlebotomist and the sample collected using procedures to ensure it is not contaminated. The sample is then tested by a forensic laboratory, either affiliated with the hospital or the State Police.
- License Suspension: If you are arrested for driving under the influence, you will have your driving privileges suspended by the Secretary of State, regardless of where you obtained your license and regardless even if your license is valid or not. The length of time your license is suspended will depend on whether you voluntarily submit to chemical testing of your breath or blood and whether you have previously been suspended or convicted of DUI.
- First Offender: A first offended for DUI purposes is someone who, in the last five years, has been found guilty of DUI or had their license suspended for DUI. For this provision of the law only, a person with a DUI older than five years is not considered a “first offender.”
- Petition to Rescind: A license suspension can be fought by filing a petition along with the DUI case asking the judge to rescind the suspension. The suspension can be challenged by alleging the police did not have reasonable grounds to believe you under the influence, you did not refuse to submit to chemical testing, or the proper warnings were not read during the arrest. The petition to rescind is time sensitive, it must be filed within ninety days of the arrest.
- Monitoring Device Driving Permit (MDDP): An MDDP is available to first offenders who need to drive and are willing to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle.