A DUI conviction can have a devastating impact on your life. Having a skilled DUI lawyer on your side can minimize the jail time and fines. They can also help you avoid higher insurance rates and license suspension.
A qualified DUI attorney Cook County can help you develop a solid defense strategy. They will know how to examine the police reports, question the accuracy of breathalyzer tests and spot violations of police policies and procedures.
Arraignment
Arraignment is the first time the defendant appears before the Court in his or her case. The Judge reads the charges and asks the defendant how he or she plans to plead.
Defendants can ask the Judge to set bail at this point. The Judge will consider the defendant’s background and his or her ability to pay the bond and will decide whether or not to grant the request for bail.
If the defendant cannot afford to post bail, the Judge may order a warrant for his or her arrest. The Judge will also set a future date for a pretrial hearing and sometimes a trial date as well. Defendants must appear at all court dates, including those for status hearings and pretrials. If a defendant does not appear, the Judge will issue a warrant and police may arrest him or her on sight. The Judge can then place the defendant on electronic monitoring so that he or she must remain within a certain distance from home.
Preliminary Hearings
At a preliminary hearing, the prosecutor will introduce evidence including witnesses present at the time of your arrest. Your defense attorney will have the opportunity to question these witnesses. The prosecution will only have to show that probable cause exists to believe that a crime was committed and that you are the person who committed it. It is a much lower burden than the burden required at trial (beyond a reasonable doubt).
If the judge believes that probable cause exists, they will order that you be held for trial. If the judge does not believe that probable cause exists, they will dismiss the charges.
This is an important stage of your case and our criminal attorneys have years of experience conducting these hearings. We are familiar with the various Assistant State’s Attorneys, judges and clerks of court throughout Cook County and know how to maximize your chances of success at this hearing.
Summary Suspension
When a person is arrested for DUI in Illinois they will automatically have their driver’s license suspended 46 days after their arrest. This is called a Statutory Summary Suspension. If the person fails testing or refuses to submit to testing then their driving privileges will be suspended for a period of 12 months. It is possible to challenge the statutory summary suspensionfiling a petition for rescinding the suspension with the Court within 30 days of the date they received notice of the summary suspension.
At the hearing there are limited grounds to contest the statutory summary suspension such as showing that the officer did not have reasonable cause to arrest you, that the blood or breath test was not properly administered, that they did not warn you of the consequences of failing or refusing the chemical test, or that you were taking medication that affects the accuracy of the chemical testing. The burden at this civil hearing is on the defendant to demonstrate that one of these grounds is truea preponderance of evidence.
Trial
An experienced lawyer can make the difference between a DUI conviction and losing your license for months or even the rest of your life. A DUI conviction will also cause high fines and can even increase your insurance rates.
Look for a DUI attorney that has extensive trial experience and has successfully defended other cases against similar charges. Ask your lawyer how many trials he or she has handled and whether the results were favorable.
A skilled Cook County DUI attorney can save you from some incredibly harsh consequences, including jail time, fines and court costs, loss of your driver’s license and the permanent stigma on your criminal record. A good lawyer is always just a phone call, fax or e-mail away and can help you save your reputation, livelihood and family. Do not choose a lawyer just because they are cheap! The cost of a quality DUI attorney is worth the money. Ask your attorney what his or her fee arrangements are and what other charges you may incur.