Peoria, Illinois DUI Lawyer

Attorney Maureen Williams understands that a DUI conviction can follow you around your entire life. DUI convictions cannot be removed from your record down the road, unlike some other convictions. (As of Jan. 1, 2010, a reckless driving conviction will also not be eligible for sealing.) Her goal is always to keep a DUI conviction off of your record. Attorney Maureen Williams will review every video, report, statement, and other evidence. You can always be assured that Attorney Maureen Williams will aggressively pursue each valid issue that can be raised in your case that may bring relief and there are numerous possible issues to pursue in a DUI case. She will aggressively fight to persuade the trial court to rescind or reverse your driver's license summary suspension which is automatic once charged with a DUI.

No driver wants to face charges of driving under the influence. In addition to the possibilities of jail time and suspension of driving privileges, a DUI conviction is embarrassing, and for commercial drivers it can mean the loss of livelihood. At The Law Offices of Maureen Williams, we understand that a person is innocent until proven guilty and that it is up to the state to prove the charges. Ms. Williams is not one to offer up your guilty plea to the sate on a silver platter.

In Illinois, a motorist is deemed to be driving under the influence when he or she operates a vehicle while impaired by alcohol, drugs or other intoxicating compounds. If a driver has used illegal drugs, is impaired by medication or has a blood alcohol concentration of 0.08 percent or more. A driver whose BAC measures between 0.05 and 0.08 percent may still be convicted of DUI if the prosecutor can present additional evidence that the driver was impaired.

Two-Part Process

The arrest of a motorist for DUI sets in motion two different proceedings: (1) an administrative proceeding that affects the motorist's driver's license and (2) the criminal case.

Administrative Proceeding

When a driver's BAC measures 0.08 percent or higher or the driver has refused to take a blood alcohol test, the license is suspended automatically. The suspension goes into effect on the 46th day from the notice of suspension. The duration of the suspension varies, depending on whether the driver is a first-time offender and whether the driver refused to submit to testing. (Some drivers may be able to qualify for a Baiid device for your car.)

Statutory Summary Suspension Table

Offense	Loss of Driving Privileges	Baiid Device
Failure of test, first offense	6 months	Eligible on 31st day of suspension
Refusal of test, first offense	12 months	Eligible on the 31st day of suspension
Failure of test, second or subsequent offense	12 months	Ineligible
Refusal of test, second or subsequent offense	36 months	Ineligible

Criminal Proceeding

DUI also carries criminal penalties, which vary with the age of the driver, the blood alcohol concentration and the number of times the driver has been convicted of DUI.

DUI Conviction Penalties for Drivers Under 21

Penalty	First Conviction	Second Conviction	Third Conviction
Loss of driving privileges	2-year minimum	5-year minimum	10-year minimum
Restriction of driving privilege eligibility	After the first year	After the first year	After the first year
Jail	0 to 12 months	0 to 12 months; 5 days mandatory or 30 days of community service	Felony; 1 to 3 years in prison
Community service	100 hours	30 days or 5 days in jail	If probation, possibly 30 days
Fines	Up to $2,500	Up to $2,500	Up to $25,000

DUI Conviction Penalties for Drivers Over 21

With BAC of 0.08 to 0.15

Penalty	First Conviction	Second Conviction	Third Conviction
Loss of driving privileges	1-year minimum	5-year minimum	10-year minimum
Restriction of driving privilege eligibility	Yes	After the first year	After the first year
Jail	0 to 12 months	0 to 12 months; 5 days mandatory or 30 days of community service	Felony; 1 to 3 years in prison
Community service	100 hours	30 days or 5 days in jail	If probation, possibly 30 days
Fines	Up to $2,500	Up to $2,500	Up to $25,000

However, a driver may contest the charges on several grounds.

Improper Stop or Arrest

Certain laws dictate when a police officer may stop or arrest a driver. When an officer fails to follow the law, the case may be thrown out.

Did the officer have a reasonable basis for believing that a traffic law or other law was being violated?
Did the motorist weave inside a lane without crossing any of the lines? By itself, this does not constitute a violation of the law.
Did the motorist satisfy the requirement of driving? Was he or she in control and command of the vehicle?
Did the officer read the motorist a "warning to motorist" regarding consequences of failure or refusat to test?
Was the driver observed for a minimum of 20 minutes before a breath test was given?
Did the officer make any misleading statements about the consequences of taking or refusing a blood, breath or urine test?

Testing Irregularities

Although blood alcohol concentration test results are presumed to be proof of intoxication, there are ways the presumption may be attacked.

Did the breath test operator possess a valid, unexpired breath test operator's license?
Did the breath-testing apparatus malfunction?
If a blood test was used to establish BAC, were testing rules and protocols followed?
Did the driver have food, a mint or candy, tobacco any of which could have led to a falsely high reading, in his or her mouth before the test?
Does the driver suffer from a medical condition such as diabetes, acid reflux that could result in an inaccurate breath reading?

Evidentiary and Trial Issues

Individuals charged with DUI are entitled to mount a defense and are also entitled to evidence that might aid in the defense of your case.

Was the driver videotaped during the field stop or at the police station? Did the driver exhibit balance control and clear speech?
Have the police officers made inconsistent statements regarding the driver's condition or the circumstances surrounding the stop?
Method of testing reliable?

The Law Offices of Maureen Williams defends drivers in Peoria and throughout Illinois who are facing DUI charges. For more information, fill out the online contact form or call The Law Offices of Maureen Williams at 309-740-9112 or, toll free, at 866-321-5228.

Sunday, May 19, 2013