Driving Under the Influence

Former DUI Prosecutor Who Fights For His Clients

Crystal Lake DUI Defense Attorney Timothy Brown is a former DUI Prosecutor who always fights hard for his clients. He has successfully handled over 500 Drunk Driving cases in criminal courtrooms throughout the state of Illinois. He provides excellent, no-nonsense, legal representation to his clients who stand accused of DUI crimes.

If you have been charged with DUI, we can help. Contact us now for a free consultation. When you call, you will speak with an attorney instantly, or will receive a call back within 20 minutes. If you prefer, you can send a message using the “Contact Us” feature located to the left, or you can send a case evaluation form by clicking on the “Case Evaluation” button. You can call anytime, including evenings and weekends. We offer flexible payment plans.

THE DUI CHARGE

In Illinois, Driving Under the Influence (DUI) can be charged as a misdemeanor or felony offense. A misdemeanor DUI charge can be upgraded to a felony, in certain situations. For example, you may be charged with felony DUI if you have multiple prior DUIs, were driving with an invalid or suspended license, or were driving without any insurance.

A DUI charge, if charged as a misdemeanor, is punishable by up to one year in jail and a fine in the amount of $2,500.00. The law also requires that the defendant, if he pleads guilty or is found guilty, must attend a victim impact panel, obtain a substance abuse evaluation, and successfully complete alcohol treatment. If charged as a felony, the penalties are more severe.

In order to prove DUI, the state must show that the person was driving or in actual physical control of a vehicle while (1) defendant’s blood-alcohol concentration (BAC) was .08 or more, (2) defendant had used any illegal substance, or (3) defendant was “impaired” by alcohol or medication. A driver’s BAC is based on the ratio of alcohol to blood or breath.

The state attempts to prove the charge of DUI by presenting: (1) evidence of defendant’s BAC in the form of blood, breath, or urine test results, or (2) evidence of “impairment” in the form of bad driving, poor performance on field sobriety tests, admissions, or any other “relevant” testimony. Any such evidence, of course, is subject to challenge at trial or hearing.

THE DUI SUSPENSION

Under the “informed consent law,” a person arrested for DUI receives an automatic suspension of driving privileges if the driver fails, refuses to submit to, or fails to complete chemical testing. This suspension is called a “statutory summary suspension.” The suspension automatically goes into effect 46 days from when the motorist is given notice of the suspension, which is usually at the time of arrest.

Length of Suspensions:

If you submit to the test, but fail the test:

• First offense — Suspension of driving privileges for 6 months (eligible for MDDP on 31st day of suspension).*

• Second or subsequent offense within 5 years — Suspension of driving privileges for 1 year (not eligible for driving relief).

*A DUI offender eligible for driving relief and issued a Monitoring Device Driving Permit (MDDP) must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees.

If you refuse to take the test:

• First offense — Suspension of driving privileges for 12 months (eligible for MDDP on 31st day of suspension).*

• Second or subsequent offense— Suspension of driving privileges for 3 years (not eligible for driving relief).

WAYS TO AVOID THE DUI SUSPENSION

A statutory summary suspension can be avoided if: (1) the state agrees to rescind the suspension (this can sometimes be accomplished through negotiations with the prosecutor), or (2) the court grants a petition to rescind the suspension. The court will grant a petition to rescind a statutory summary suspension if, after conducting an evidentiary hearing, the court finds:

• Improper warnings related to taking alcohol test
• The test revealed a BAC of less than .08
• The driver was not properly placed under arrest as evidenced by the issuance of a uniform traffic citation
• The driver did not refuse testing (if officer claims driver refused)
• The arrest was without probable cause
• The driver's due process rights were violated

We carefully review all cases to determine whether there is a basis to challenge the suspension. If there is a good basis to challenge your suspension, we will conduct a hearing and seek to have your suspension rescinded.

HOW WE GET RESULTS

1. Exclusion of Evidence

The prosecution may not use evidence against you that was obtained unlawfully. Evidence is obtained unlawfully, for example, if the police improperly stopped your vehicle or arrested you without probable cause. As your DUI defense attorney, Timothy Brown will carefully review your case to determine whether any incriminating evidence can be suppressed. If there is a basis to suppress any evidence, we will conduct a suppression hearing and vigorously seek to have the evidence excluded.

2. Effective Plea Bargaining

As your DUI defense attorney, Timothy Brown will attempt to negotiate a favorable plea agreement on your behalf. In an effort to negotiate the best possible plea agreement, Attorney Timothy Brown will use any weakness with the state’s case, including suppression issues, evidentiary issues, or viable defenses, as leverage to negotiate a favorable plea agreement. This process often yields excellent results.

3. Trial

If your case cannot be resolved by dismissal or plea agreement, you will need to exercise your right to trial. As your DUI defense attorney, Timothy Brown will aggressively fight to obtain an acquittal, bringing to bear his considerable knowledge, skill, and experience in the courtroom.

SAMPLE CASE RESULTS

• Client was charged with Leaving the Scene of an Accident and DUI. As the defendant had several prior offenses, he was potentially facing several years in prison. In court, after Attorney Timothy Brown vigorously cross-examined the police officers regarding the circumstances surrounding the arrest, the judge ruled that the police officers had violated my client’s constitutional rights by arresting him and searching him without probable cause. All charges were dismissed.

• Client was arrested for DUI. In court, Attorney Timothy Brown presented testimony that showed that the police officer had arrested my client despite having made numerous observations that tended to show that my client was not impaired. The court ruled that the officer had arrested my client without probable cause. The Statutory Summary Suspension was rescinded and the DUI charge was dismissed.

• Client was charged with DUI and Leaving the Scene of an Accident. Attorney Timothy Brown negotiated a plea agreement in which the DUI charge was amended to Reckless Driving and the Statutory Summary Suspension was rescinded.

• Client was charged with DUI and Leaving the Scene of an Accident involving a head-on collision. Attorney Timothy Brown negotiated a plea agreement in which the defendant was given a deferred judgment (court supervision) and was allowed to have his driving privileges reinstated.

WE WANT TO HELP YOU

We sincerely care about our clients. We will do whatever it takes, within the confines of the law, to obtain a favorable outcome in your case. Call or Click now for a free consultation.