DUI Charges in Crystal Lake
Seek the Representation of a Knowledgeable Former Prosecutor
Crystal Lake DUI defense attorney Timothy Brown is a former DUI prosecutor who understands how to defend his clients with deft skill and determination. He has successfully handled over 500 DUI cases in criminal courtrooms throughout the state of Illinois.
What is a DUI?
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.
For no-nonsense, honest, and experienced representation, contact us today. Our Crystal Lake DUI attorney returns calls and emails promptly and offers flexible payment plans.
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.
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 a chemical or roadside sobriety 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.
- 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.
Contact The Law Office of Timothy Brown Today
Our Crystal Lake DUI lawyer has over a decade of experience and can work with you toward a favorable outcome.
Call us today at (815) 569-4110 to learn more about the services we offer. When it comes to DUI you have a limited amount of time to act - don't delay!