If you have been charged with DUI, contact the DUI Defense Attorneys at the Noll Law Office today for a free consultation.
Being arrested for Driving Under the Influence (DUI) is a scary experience. People wonder where to turn and what options they have. The DUI defense lawyers at the Noll Law Office can explain the issues of your DUI arrest and help you understand what the consequences of a DUI charge may mean for you.
At first, it may seem like fighting your DUI is a lost cause. Many people simply walk into court and plead guilty without understanding the consequences pleading guilty to a DUI charge may have. However, there are many ways to fight a DUI and keep your driving privileges.
The lawyers at the Noll Law Office have successfully handled DUI cases for years in Springfield, Illinois. They aggressively defend their clients’ rights, their freedom, and their driving privileges. Their attorneys are trained in challenging field sobriety tests as well as breathalyzer results. The Noll Law Office has a long history of favorable results in their driving under the influence cases.
Table of Contents
- This is My First DUI. I’ve Never Been Charged With A Crime Before – Help!
- Are you charged with Aggravated or Felony Driving Under the Influence?
- What Types of DUI Charges Does the Noll Law Office Represent Individuals On?
- What are the Penalties for Driving Under the Influence in Illinois?
- Will my driver’s license be suspended or revoked because of my DUI?
- What Ways Are There to Fight a Driver’s License Suspension in Illinois?
- What Are the Field Sobriety Tests and How Do They Work?
- How Can the Noll Law Office Help Me with My DUI Charge?
This Is My First DUI. I’ve Never Been Charged With A Crime Before – Help!
You are not the first and you will not be the last person who has been arrested for DUI. If you are a first-time offender, this may be your first criminal case and your introduction to the criminal justice system. You are likely scared, embarrassed, and nervous. How will you get to work? Will you go to jail? Will you be able to drive?
Take a deep breath. The criminal defense attorneys at the Noll Law Office are here to help. The DUI defense lawyers at the Noll Law Office have represented countless people who have been charged with driving under the influence in Springfield, Illinois. Assuming no one was injured or killed, they have a track record of keeping their clients driving with minimal consequences to their driver’s licenses.
DUI cases have several important deadlines which are automatically triggered. The most important date is 46 days after your arrest, your driver’s license will likely be automatically suspended if the “statutory summary suspension” is not challenged. Due to this suspension, it is important to seek an experienced and knowledgeable DUI Defense Lawyer immediately. Your lawyer will need time to petition to rescind your statutory summary suspension, obtain the discovery (police report, videos, etc), and review the police report and videos for possible defenses.
As a first-time offender, you may be eligible for court supervision. In Illinois, court supervision can be a very beneficial outcome on a DUI charge as it prevents a conviction from entering your driving record. If a person is ever convicted of DUI, their driver’s license will be revoked. When your driver’s license is revoked, it means that you will need to apply to the Secretary of State to get your license back. This process is expensive, time-consuming, and exhausting. To try and avoid your license being revoked, it is important to speak to a DUI defense lawyer about your eligibility for court supervision on your DUI charge.
There are many other facets to a DUI case. DUI cases are highly technical. They require an understanding of both criminal defense law and the science behind detecting alcohol intoxication. Lawyers who do not understand the science behind DUI law are likely not a good choice for representation.
If this is your first DUI case, you should have a DUI lawyer who:
- Meets with you to discuss your case so you know what to expect;
- Routinely represents clients on DUI charges;
- Stays up to date on developments in Illinois DUI case law;
- Understands the science behind detecting alcohol intoxication;
- Can provide honest, legal opinions regarding your DUI case;
- Appears for you at routine court appearances;
- Challenges the statutory summary suspension;
- Fights to keep you driving; and
- Will keep you informed of your case status, so you know what is happening.
The DUI Defense Lawyers at the Noll Law Office have represented other attorneys, medical providers, business professionals, bartenders, CDL holders, and others in Springfield, Illinois on their first DUI case. They will meet with you at a free initial consultation and discuss your case. They will provide you with an overview of the process and how they can help you. The Noll Law Office has developed a reputation for providing excellent legal services. Look at their Google reviews then call them at (217) 414-8889. Financing options may be available.
Are you charged with Aggravated or Felony Driving Under the Influence?
Aggravated Driving Under the Influence is charged when a person is accused of Driving Under the Influence and there is an additional aggravating factor present. Aggravated DUI charges can also be known as Felony Driving Under the Influence charges. People accused of Aggravated DUI can face serious penalties including prison time and revocation of their driver’s license.
For years, the criminal defense lawyers at the Noll Law Office in Springfield, Illinois have handled Aggravated Driving Under the Influence cases. They are trained in challenging breathalyzer results and fighting field sobriety tests. If you or your loved one is facing an Aggravated (Felony) Driving Under the Influence charge, contact one of the DUI defense lawyers at the Noll Law Office to schedule a free initial consultation. Their attorneys can explain your options to you and discuss how the facts of your case can relate to the ultimate outcome of your case.
What makes a DUI aggravated or a felony offense in Illinois?
First, the state must allege that you were driving under the influence of alcohol, drugs, or some other controlled substance. The following are factors that can turn a misdemeanor DUI charge into an Aggravated (Felony) Driving Under the Influence case:
- Causing death to another
- Causing great bodily harm to another
- Driving on an expired license
- Driving on a revoked license
- Driving with expired or revoked insurance
- Having 2 or more prior DUIs
What are the penalties for an Aggravated DUI in Illinois?
The penalties for Aggravated (Felony) Driving Under the Influence differ based on the aggravating factors present. For example, if a person died as a proximate cause of the DUI, the penalty is 3 to 14 years in the Department of Corrections with probation given only by a finding of exceptional circumstances by the court. A person convicted of Aggravated DUI causing death to another must serve 85% of that sentence. If two or more people were killed, the applicable sentencing range is 6-28 years in the Illinois Department of Corrections.
When a DUI results in great bodily harm, permanent disability, or disfigurement to a person, the Aggravated DUI charge is a Class 4 felony punishable by probation up to 12 years in the Illinois Department of Corrections.
What are the penalties in Illinois if this is not my first DUI?
2nd (Second) Driving Under the Influence (DUI) Arrest:
- Mandatory minimum of five days in jail, or
- 240 hours of community service
- Court supervision is not given
3rd (Third) Driving Under the Influence (DUI) Arrest:
- Felony Offense
- Minimum 10-year loss of full driving privileges
- Breath Alcohol Interlock Ignition Device required for restricted driving privileges
- 3 – 7 years in the Illinois Department of Corrections.
4th (Fourth) Driving Under the Influence (DUI) Arrest:
- Felony Offense
- Your driver’s license will be revoked for life with no restricted driving privileges
- 3 – 7 years in the Illinois Department of Corrections
5th (Fifth) Driving Under the Influence (DUI) Arrest:
- Class 1 felony
- Punishable by 4 -15 years in the Illinois Department of Corrections
6th (Sixth) or subsequent offense:
- Class X felony (aggravated DUI)
- Punishable by 6 – 30 years in the Illinois Department of Corrections
What Types of DUI Charges Does the Noll Law Office Represent Individuals On?
In Sangamon County, Illinois, the attorneys at the Noll Law Office will represent an individual on any DUI charge they may face, including:
- Aggravated DUI
- DUI Drugs
- DUI Resulting in Death
- DUI Resulting in Bodily Injury
- First Time DUI Offenders
- Multiple (Repeat and Felony) DUI Offenses
If your case is outside of Sangamon County, their lawyers may still represent you. Feel free to contact their office today and they can let you know.
What are the Penalties for Driving Under the Influence in Illinois?
In addition to facing a suspension or revocation of your license, the penalties can range anywhere from court supervision and a fine all the way up to a significant prison sentence. The penalty structure is dependent on:
- Whether anyone was injured or killed
- How many DUIs a person has been convicted of
- The status of the offender’s driver’s license (i.e. valid, suspended, or revoked)
- BAC level
- Who was in the vehicle when they were arrested (i.e. small children); and
- Other factors.
If you have been arrested and charged with driving under the influence in Springfield, Illinois, feel free to contact the Noll Law Office if you are unsure of the penalties you are facing. Before you walk into court on a DUI charge, you should speak to a lawyer so you understand everything you are potentially facing.
The DUI defense lawyers at the Noll Law Office understand the fear and anxiety a DUI can produce and can answer your questions regarding:
- Potential Jail and Prison Sentences
- Loss of Employment
- Loss of your driver’s license
- Loss of your driving privileges
Will my driver’s license be suspended or revoked because of my DUI?
In Illinois, it is likely that your driver’s license will be suspended or revoked if you have been arrested or charged with driving under the influence. By law, your license is automatically suspended on the 46th day after your arrest unless this suspension is challenged. This is known as a statutory summary suspension. The length of your Statutory Summary Suspension varies based on how many times you have been arrested for Driving Under the Influence and whether you consented to blood tests, breathalyzer tests, and urine tests.
After your first DUI arrest, your driver’s license could be suspended for 6 months up to a year. For a second arrest, your driver’s license is suspended for a minimum of 3 years. It only goes up from there.
Statutory Summary Suspensions can cause a number of problems for a person, including:
- You can lose your job because you cannot drive.
- It is expensive to have an ignition interlock device put into your vehicle
- You can face additional charges if you are caught driving
- Your vehicle can be taken and seized if you are caught driving on a Suspended License.
The DUI defense lawyers at the Noll Law Office in Springfield, Illinois have handled countless DUI cases over the years. They have a great track record of getting people arrested for DUI their driver’s license back. Their attorneys can explain your options to you and discuss how the facts of your case can relate to the ultimate outcome of your case.
What Ways Are There to Fight a Driver’s License Suspension in Illinois?
After a DUI arrest, your driver’s license will be suspended for 46 days. There are only 90 days in which you can challenge your license suspension or license revocation. It is important to meet with an experienced and qualified DUI attorney as soon as possible so you don’t miss this deadline.
The Illinois Statutory Summary Suspension Statute provides the following ways to challenge a statutory summary suspension:
- There was no arrest for DUI
- The officer did not have reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle on a highway while under the influence of alcohol, other drugs, or a combination of both
- Improper Warning;
- The suspect did not refuse the tests
- No BAC over .08;
- No illegal drugs in blood or urine;
- There was no indication of impairment on the standardized field sobriety tests (only for medical marijuana cardholders)
- The person was not involved in an accident that resulted in a Class A injury or death to another (statutory summary revocations only)
The Noll Law Office Driving Under the Influence (DUI) lawyers have successfully kept clients driving privileges intact by challenging the probable cause of the traffic stop, the officer’s suspicion that the arrestee was under the influence of alcohol or drugs, procedural warnings were not given, and paperwork was improperly filled out.
What Are the Field Sobriety Tests and How Do They Work?
The three most common field sobriety tests are:
Walk and Turn Field Sobriety Test
When officers administer the walk-and-turn test, they look for 8 clues (indicators of intoxication). According to the National Highway Traffic and Safety Administration, the Walk and Turn field sobriety test is only 68% accurate in determining whether a DUI suspect has a blood alcohol content (BAC) of .10 or higher. Sometimes, officers improperly administer this field sobriety test or improperly evaluate how the DUI suspect performs causing a greater amount of uncertainty regarding the validity of the test.
One Leg Stand Field Sobriety Test
The One-Leg Stand is a standard field sobriety test that has the least reliability in determining intoxication. According to the National Highway Traffic and Safety Administration, the One-Leg Stand field sobriety test is only 65% accurate in determining whether a person arrested for DUI had a blood alcohol content (BAC) of .10 or higher.
Horizontal Gaze Nystagmus (HGN) Field Sobriety Test
According to the National Highway Traffic and Safety Administration, the Horizontal Gaze Nystagmus Field Sobriety Test is 77% reliable in determining whether a person suspected of Driving Under the Influence has a blood alcohol content (BAC) of .10 or higher. However, this is also a test that is frequently administered improperly by police officers.
Police officers are trained to administer standard field sobriety tests when they believe someone is Driving Under the Influence (DUI). Police officers are required to follow specific procedures when administering field sobriety tests. If the officer deviates from the accepted protocols, even slightly, the results of that test could be invalid and thrown out.
The criminal defense attorneys at the Noll Law Office have extensively studied and analyzed field sobriety tests in order to challenge the results to the benefit of their clients. When all is said and done, the standard field sobriety tests are subjective and are simply the officer’s opinion of how you did.
The Science of Driving Under the Influence (DUI)
Many factors can affect the results of a breathalyzer or blood test in a Driving Under the Influence (DUI) case. The DUI Defense lawyers at the Noll Law Office scrutinize all breath and blood tests to determine if those results were conducted improperly or can help your defense. Some factors that can affect a DUI breathalyzer are:
- Carry Over: If a person accused of drunk driving blows repeatedly into a breathalyzer, the blood alcohol content (BAC) readings can be skewed based on residual alcohol left in the machine.
- The breathalyzer was not working. Breathalyzer machines malfunction. If the machine was not functioning properly, its accuracy can be doubted.
- Breath Temperature: Breathalyzers operate based on average human body temperatures. If your body temperature was higher or lower than normal, it may invalidate the breath samples.
Blood and Urine Tests
More and more often, law enforcement officers are requesting blood and urine suspects from individuals who are suspected of Driving Under the Influence. The Noll Law Office carefully examines and scrutinizes all blood and urine tests There are several factors that can affect blood test and urine test results in a DUI case. On occasion, when the police administer the blood test or urine test, the authorities fail to follow the applicable rules of testing, analysis, and preservation requirements.
Often in Illinois, DUI cases involving an accident, injury or death, blood tests, and urine tests are conducted at hospitals. Hospital blood tests can overestimate a person’s true blood alcohol content by as much as 25% and are not statistically reliable in severely injured people.
How Can the Noll Law Office Help Me with My DUI Charge?
The DUI defense lawyers at the Noll Law Office are experienced attorneys who understand how police officers are supposed to investigate a DUI case. By knowing what the officers are supposed to do, they are able to poke holes in the prosecution’s case when the officers do not follow the recommended guidelines and procedures.
The criminal defense attorneys at the Noll Law Office have represented many clients who have been charged with DUI in Springfield and the surrounding areas. They have a proven track record of challenging the state’s evidence and defending their clients’ right to drive.
Contact the DUI defense lawyers today at (217) 414-8889 so that they may answer your questions, alleviate your concerns, and discuss your rights.