In Cook County, a DUI arrest can potentially lead to serious penalties. You could lose your driving license, face incarceration, pay huge fines, and end up with a criminal record that follows you around for the rest of your life. Drunk driving causes thousands of deaths every year, so courts take these cases pretty seriously. Prosecutors often push hard to get a conviction and move the case forward quickly.
A DUI conviction can affect your life for a long time. A criminal record can make it harder to get a job and may cause you to lose certain rights. To protect yourself and your future, it is important to contact an experienced Cook County DUI lawyer as soon as possible.
DUI Law in Cook County
In Chicago, it is illegal to drive while under the influence of alcohol or drugs. The legal blood alcohol limit for most drivers is 0.08%. If your blood alcohol level is higher than that, you can be arrested and charged with DUI. For commercial drivers, the limit is lower at 0.04%.
When you are pulled over by a police officer on suspicion of driving under the influence of alcohol or drugs, they may request that you carry out a blood or breathalyzer test.
If your test results are over the legal limit, you may be taken to the police station, and your driver’s license can be automatically suspended. If you refuse to take the test, the police can still take you to the station and arrest you for DUI if they have a valid reason.
Zero Tolerance Policy
Illinois has a zero-tolerance rule for drivers under 21. If an officer finds that an underage driver has any amount of alcohol or drugs in their system, they can be charged with a DUI.
Unlike a regular DUI, the Zero Tolerance Law usually means underage drivers lose their driving privileges for three to six months if it is their first offense. They typically do not face criminal charges unless they were also breaking another law, such as having alcohol while underage.
If you are charged again under the Zero Tolerance Law, your driver’s license could be taken away for up to two years. You may be able to ask the Secretary of State to lift the revocation. An experienced DUI lawyer can help you with this process.
So, with all this in mind, what should you expect after a New Year’s DUI arrest in Cook County?
Expect to be Charged With Drunk Driving
After you are charged, the court will schedule your first court date. This usually happens within 30 days of the arrest. At this hearing, you will plead guilty or not guilty. If you plead guilty, the judge will decide whether to accept your plea. If the judge accepts it, they may give you a sentence right away.
At this stage, your Cook County DUI lawyer may try to make a deal with the prosecutor. This is called a plea deal and can lead to a lighter sentence than if you were found guilty after a trial.
Expect to Have a Trial Date Set
If your plea is not accepted, or if you plead not guilty, the court will set a trial date. The trial will be decided either by a judge alone or by a jury.
At the trial, both sides will present their cases to the court. They may show evidence and call witnesses who claim they saw you driving while impaired. In some cases, things you said yourself can also be used against you. The jury or judge will then decide whether or not you are guilty,
Expect to be Sentenced
If you plead guilty or are found guilty after a trial, the judge will decide your punishment. This may include jail time, fines, loss of your driver’s license, or community service.
The judge may also lower or remove some of the punishment. This can happen if your lawyer shows strong reasons that explain what was going on at the time and why the situation deserves leniency.
For example, if alcohol use was linked to a mental health issue, or if a medication you were taking affected your ability to drive, the judge may show more leniency.
If you are found guilty of a DUI in Illinois, your lawyer may be able to appeal the decision or ask the court to lower or cancel your sentence. That is why it is important to contact a lawyer right after a DUI arrest. A lawyer can guide you through the court process and help protect your rights.
Expect to Work With a Cook County DUI Lawyer
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Cook County DUI lawyer now.