Navigating Your First DUI

 Posted on August 16, 2023 in DUI

Facing a drunk driving charge can be a stressful and overwhelming experience, especially if this is your first encounter with the legal system. In Illinois, 86 percent of all drivers arrested for DUI are first-time offenders. You may be scared and not realize that you have options. Trying to understand how to defend yourself can be tricky so we recommend reaching out to The Law Office of Brian J. Mirandola to have an experienced criminal defense attorney help you during this difficult time.

First Offense

Under Illinois law, a first DUI offense occurs when someone has not had his or her license suspended within the past five years, has a DUI conviction or assigned court supervision for DUI, or has a DUI conviction outside of Illinois. These are some common scenarios for first-time offenders and the impact on driving privileges:

• Chances are you were given a chemical test when you were pulled over by an officer. If you have been told that you failed the test and this is your first offense, your driving privileges will be suspended for six months.
• On the other hand, if you refuse chemical testing as a first-time offender your driver’s license will be suspended for a year.
• If this is your first conviction for DUI it is considered a Class A misdemeanor and you are looking at minimum revocation of your driving privileges for one year. That length of time becomes two years if you are under 21 years old.
• While it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent in Illinois, if your BAC is .16 percent or more — in addition to any penalties or fines, you face a mandatory minimum fine of $500 and a minimum of 100 hours of community service.

Driving During License Suspension?

If this is your first offense, you may apply for a Monitoring Device Driving Permit (MDDP). The Secretary of State’s office will issue a restricted driving permit to allow you to drive during the time your license is suspended. However, you must place a device called a Breath Alcohol Ignition Interlock Device (BAIID) in any vehicles you operate while your license is suspended.

Know Your Rights

If this is the first time you are facing a DUI charge the first thing to know is your rights. Remain silent and contact a skilled DUI defense attorney who can provide expert guidance and a strong defense.

You should understand the charges against you and the potentially serious consequences. Know that a DUI charge does not mean automatic guilt. Your defense could include police errors, flawed tests, and medical factors.

If you are found guilty an attorney can negotiate for reduced charges probation, education, and community service.

Contact a Kane County Criminal Defense Lawyer

If you are facing DUI charges it can be overwhelming but you must take immediate action. Contact The Law Office of Brian J. Mirandola for quick and effective legal guidance. An experienced Aurora, IL, criminal defense attorney can explain your options depending on the circumstances of your case. Call 847-488-0889 for a free consultation.

Source:

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf