DUI ARRESTS: FIRST OFFENSE
"I Have Never Been Arrested Before"
For many of our clients, these are their first words. This is probably your first and only encounter with the police. What should you do? As a first offender it is important that you act quickly to protect your rights and work towards keeping your record clean.
What to Expect
Everyone arrested as a first timer for DUI is ultimately fighting two (2) cases:
- The Automatic License Suspension
- The Criminal DUI Arrest
The automatic license suspension.
If you do nothing, your license will be suspended 45 days from the date of your arrest. This suspension is automatic and you must choose to contest the suspension in court. The grounds that you can protest are limited in scope, and it is your burden to convince the judge that your license should not be suspended. It takes a skilled Will County DUI defense attorney to fight these cases. Once we file your petition, the prosecutor has 30 days to set it for a hearing. If the prosecutor fails to set the case for hearing, in most cases the judge will reverse your suspension. Give us a call if you have any questions regarding the pending suspension.
What happens if I lose my hearing or if I choose not to go forward with the suspension hearing? As a general rule a first time offender arrested for DUI is eligible for a permit. You must meet the statutory requirements in order to get the permit. Our firm will assist in the preparation of a monitoring device driving permit (MDDP), to get you back on the road. If you have questions about whether you qualify, please give us a call to set up a free consultation. You can also see our MDDP page for more information.
Criminal DUI Arrest
As a general rule, a first time arrest for a DUI is a Class A Misdemeanor. The maximum penalties for this type of offense can include:
- Up to 364 days in the Will County jail
- A possible conviction on your record
- A fine of $2,500.00
- Mandatory requirements like alcohol treatment and attendance at a victim impact panel
- A suspension or revocation of your driving privileges
A skilled Will County DUI Lawyer can guide you through this process. With years of experience, we consider many variables when analyzing your DUI case, including: your background, the strengths and weakness of the prosecutors case, our own investigation, and whether there is evidence such as breath, blood or urine analysis.
Our office will negotiate with the prosecutor where appropriate. In most cases, however, pleading guilty may not be in your best interest. We take cases to trial, where other attorneys won't. If we go to trial, our goal is to secure a "Not Guilty" verdict and to keep your record clean. With our help, you will be able to make the correct choice for your case.
If you need a Will County DUI Defense Lawyer, give us a call at (815) 740-4025 for a free consultation. Calls are answered 24 hours a day. If you prefer, send us an Email. We offer affordable rates and flat fees for most cases.
We represent clients all throughout Will County, including the cities of Bolingbrook, Frankfort, Joliet, Plainfield, Shorewood, Beecher, Braidwood, Channahon, Crest Hill, Crete, Custer Park, Elwood, Homer Glen, Lockport, Manhattan, Mokena, Monee, Naperville, New Lenox, Peotone, Rockdale, Romeoville, Coal City, Wilmington, Morris, and Minooka.