Driving Under The Influence

wine-pillsAt Franks & Rechenberg, we understand that a Driving Under the Influence (DUI) charge is overwhelming. A DUI charge can have a significant impact on your life and family. For many people, it is the first time they have ever been arrested. Many charged with a DUI offense do not know whether or not to submit to Standardized Field Sobriety Tests (SFST’s), or whether or not to submit to breathalyzer tests. Most do not know that a refusal to submit to an evidentiary breathalyzer test will result in a twelve (12) month suspension of their driver’s license.

Any individual charged with DUI should retain the services of an experienced DUI lawyer. DUI is a complex issue requiring the services of an experienced DUI lawyer. David B. Franks aggressively defends those accused of DUI and all traffic offenses.

DUI is a serious criminal offense in McHenry County and throughout Illinois.

Even for a first-time DUI offense, for which you may receive a sentence of Court Supervision, you may:

1) Face a 6 month suspension of your driver’s license;
2) Be subject to a fine not to exceed $2,500.00, plus court costs;
3) Be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle
4) Undergo an alcohol evaluation and follow all recommendations of that evaluation.

Under Illinois DUI law, even “sleeping it off” in an automobile may be considered driving under the influence (DUI). In Illinois, a DUI can be either a Misdemeanor or Felony charge, depending on the particular circumstances of your case.

As a result of legislation in the 1990’s through the present, DUI laws have become more and more complex. In fact, the laws are constantly changing. Factors that may enhance DUI charges and increase penalties may include, but are not limited to: committing the offense of DUI while a child under the age of 16 is in the vehicle (possible Child Endangerment charge, also), committing the offense of DUI while driving on a suspended or revoked driver’s license, and committing the offense of DUI and causing personal injury, or death.

The sentence for a DUI conviction depends upon several factors. For example, prior sentences for the offense of DUI, whether or not you are currently on Supervision, Conditional Discharge or Probation for another offense, and whether or not you were involved in an accident, are factors the Court will consider in imposing a sentence for a DUI conviction.

A DUI Conviction Can Result In Serious Consequences

1) Your license will be revoked (a loss of driving privileges until you proceed to and win at Hearing before the Illinois Secretary of State);
2) You will incur significant fines, and Court costs;
3) You will be sentenced to Conditional Discharge (a form of non-reporting “Probation”) or a period of Probation, for up to 2 years;
4) You may serve jail time;
5) You will be required to undergo an alcohol evaluation and follow all recommendations of the evaluation, including any aftercare; and
6) You will have a conviction for DUI in your driver’s history, which cannot be expunged.

Everyone charged with a DUI offense deserves a strong defense at an affordable price. If you have been arrested for an alcohol-related offense and face harsh penalties, it is very important that an experienced DUI defense attorney represents you. The difference between a conviction and a favorable outcome may be determined by the quality of your legal representation.

There is an excellent chance that we can help you with your case. You may have a defense, such as insufficient evidence to prove the charge against you, an illegal traffic stop, or improper testing. We have successfully represented people in McHenry County, Lake County, Boone County and DeKalb County. We provide a high level of legal defense at a reasonable cost. As your DUI Lawyer, I will provide you legal representation at all stages of your DUI defense: challenging the statutory summary suspension of your driver’s licenses, preparing and arguing motions to suppress, and proceeding to Trial, if necessary.