BACKED BY EXPERIENCE
Cook County DUI Defense Attorney
A Decorated and Highly Accomplished Lawyer defending clients statewide including Will County, DuPage County, and Kane County
Driving under the influence is one of the more common criminal charges and is penalized based on the driver’s criminal history. If you have been stopped or arrested on suspicion of DUI, the most important thing you should do is contact an attorney. Do not answer any questions from law enforcement before speaking to your attorney first, as anything you say may be used against you.
Attorney William Wolf is an award-winning defense lawyer who has been navigating the Illinois criminal justice system for decades. As a published legal author and widely renowned lawyer, Attorney Wolf is more than capable of taking on your DUI defense and arguing for mitigated or even dismissed charges.
He has a reputation for obtaining acquittals and not-guilty verdicts on grounds ranging from false accusations to procedural error, so he is well-versed in the methods of defense that work.
Under Illinois law, a driver who is operating a motor vehicle or is in “actual physical control” of a motor vehicle is guilty of driving under the influence if they:
- have a blood alcohol concentration (BAC) of .08% or more (more than .00% for drivers under the age of 21) ;
- are under the influence of alcohol;
- are under the influence of alcohol, drugs, or a combination that renders them incapable of driving safely;
- have a THC concentration of 5 nanograms or more in their blood or 10 nanograms or more in another bodily substance within 2 hours of operating or being in control of the vehicle.
If law enforcement has reason to believe any of the above are true, they may stop the driver and test their BAC level, according to Illinois’ “implied consent” law (below).
Penalties Upon Conviction
If convicted of DUI, a driver will face penalties based on how many prior convictions they have:
- 1st offense – up to 364 days in jail; up to $2,500 in fines; 1 year of license revocation (2 years if the defendant is under the age of 21
- 2nd offense – 5-364 days in jail; up to $2,500 in fines; 5 years of license revocation
- 3rd offense – 10 days to 7 years in jail; up to $25,000 in fines; 10 years of license revocation
All offenders will also be required to complete an alcohol/drug evaluation, as well as attend a victim impact panel (VIP).
Note that the criminal penalties may be more severe if the defendant’s BAC was .16% or more or there was a passenger younger than 16 years old in the vehicle. For instance, the jail time for a first offense may increase to 6 months if there was a minor passenger in the vehicle, and a defendant will be required to complete 100 hours of community service if their BAC is detected to be .16% or more. Offenses involving minor passengers will also require drivers to complete 25 days of community service for a program helping children.
Administrative Penalties Under Implied Consent
Like many other states, Illinois also implements an “implied consent” law that presumes all drivers are deemed to have given consent to the chemical testing of their breath, blood, urine, or other bodily substance if law enforcement has probable cause to believe the driver is under the influence. Any driver who fails the chemical test or refuses to submit to a test will face an administrative suspension, called a “statutory summary suspension,” in addition to the potential criminal penalties.
The penalties for a failed test or refusal are the following periods of license suspension:
- 1st offense (failed test) – 6 months
- 1st offense (refusal) – 1 year
- 2nd offense (failed test) – 1 year
- 2nd offense (refusal) – 3 years
- 3rd offense (failed test) – 1 year
- 3rd offense (refusal) – 3 years
A second or subsequent offense is considered any conviction incurred within 5 years of the current offense.
If you have been charged with a DUI, do not hesitate to contact The Law Office of William Wolf, LLC immediately for legal representation. Even a first offense could have a serious impact on your near future, as jail time, fines, and license suspension may not pass quickly. Don’t sacrifice your driving privileges without a rigorous defense attorney to fight for you.
Contact The Law Office of William Wolf, LLC for a free consultation today. Let’s protect your driving rights and get you back on the road.
Decades of Experience
The firm has decades of experience and a proven track record of success in both negotiation and litigation to help those people in the most fundamental need of high quality criminal defense counsel.
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Investigation, research, and strategic planning are fundamentals for the firm to help the accused face a balanced set of Scales of Justice.
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This firm knows that the only way for a defendant to have a chance against the power of the prosecutor is to have a hard-working, dedicated criminal defense lawyer at his or her side.