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Elmhurst, IL DUI Defense Lawyers
"I would confidently recommend Jeff Muntz to anyone in need of skilled and ethical DUI representation. He handled the case with integrity and compassion, never making unrealistic promises. Great outcome"
Attorneys for Charges of Intoxicated Driving in Elmhurst, Illinois
While being pulled over by a police officer and charged with a traffic violation can be a difficult, stressful situation, the potential consequences that a person may face can be much more serious if they are accused of driving under the influence (DUI). When a person has been arrested on suspicion of drunk driving or driving under the influence of drugs, they can face both criminal penalties and administrative driver's license suspension, and the outcome of these matters may affect their life in many ways. Understanding how to proceed and the options for defense in these cases can be crucial.
At Goostree Law Group, our attorneys work with clients in Elmhurst and DuPage County to address DUI charges. Whether a case involves alcohol, marijuana, or other substances, we can determine the best defense strategies to use, and we will fight to protect a person's rights. By working to resolve these matters successfully, we can take steps to minimize the ways our clients' lives are affected while helping them avoid long-term penalties.
Call 630-584-4800 and let us help your family.
Legal Limits for Alcohol and Marijuana in Illinois
The law sets specific legal limits that may be used to determine when a person may be considered to be too intoxicated to drive safely. A person who exceeds these legal limits while they are in control of a vehicle may be charged with DUI. For alcohol, a driver is generally considered to be impaired when they have a blood alcohol concentration (BAC) of 0.08 percent or higher. Commercial drivers may be charged with DUI if they have a BAC of at least 0.04 while operating a commercial vehicle like an 18-wheeler truck. Minors below the age of 21 are not permitted to drive after drinking any amount of alcohol, so a BAC of higher than 0.00 could lead to underage DUI charges.
While marijuana has been legalized for both recreational and medicinal use in Illinois, drivers are prohibited from operating vehicles while they are under the influence of these drugs. Cannabis-related DUI charges may apply if a blood test shows that a person had five nanograms or more of THC per milliliter. Tests of other bodily substances, such as saliva or urine, may lead to DUI charges if they show that a person had 10 nanograms or more per milliliter.
Prescription Drugs and Other Substances
DUI charges may apply in situations involving substances other than alcohol or cannabis. Police officers may arrest drivers who are believed to be impaired by prescription medications, over-the-counter medications, illegal substances such as cocaine or methamphetamine, or a combination of multiple types of substances. Even if a medication has been legally prescribed, a person could be charged with DUI if police officers believe that their ability to drive safely is impaired.
Cases involving substances other than alcohol or marijuana can be more complicated to prove, since there is not always a clearly defined legal limit for every substance. Prosecutors may rely on an officer's observations, field sobriety test results, evaluations by drug recognition experts, and toxicology reports as they try to establish that a person was impaired while driving.
Attorney Spotlight
Jeffrey D. Muntz
- Best Lawyers, Ones to Watch, 2023 - Present
- Elite Lawyer, 2018 - Present
- "10 Best" for Client Satisfaction, American Institute of Criminal Law Attorneys
- "10 Best" for Client Satisfaction, American Institute of Family Law Attorneys
- Leading Lawyers, Emerging Lawyers, 2016
- Lead Counsel Rated
What Happens During a DUI Arrest
- Traffic Stop: An officer may pull a person over, and based on their observations and evidence they gather, they may decide to arrest the driver for DUI. An officer must have a valid reason to stop someone, such as a traffic violation or signs of erratic driving.
- Field Sobriety Tests: After pulling a driver over, an officer may ask them to take tests on the side of the road, such as walking several steps in a straight line, balancing on one foot for several seconds, or following a moving object with their eyes. The officer will look for physical signs of impairment, and they may arrest a person for DUI based on the results of these tests.
- Roadside Breathalyzer Test: An officer may also ask a person to take a preliminary breath test during a traffic stop. This breath test can provide an estimate of a person's BAC. While roadside breath tests are not considered to be reliable evidence of intoxication, their results may serve as the basis for a DUI arrest.
- Arrest and Chemical Testing: When a person is arrested for DUI, they will usually be taken to a police station, and they will be asked to take a formal breath or blood test. The results of these tests may be considered conclusive evidence in a DUI case. Drivers are not allowed to refuse these tests, and if they do, they will face an automatic suspension of their driver's license.
- Administrative License Suspension Proceedings: A post-arrest chemical test showing that a driver was over the legal limit or a refusal to take a chemical test will result in an automatic driver's license suspension. A person can take steps to challenge this suspension by requesting a hearing with the Illinois Secretary of State.
- Criminal DUI Charges: Based on the evidence in a case, a person may be charged with the criminal offense of driving under the influence. The penalties they may face if they are convicted can include fines, driver's license revocation, and potential jail time.
Trusted Award-Winning ExperiencedProtecting what you hold close when it Matters Most.
"Jeff Muntz was steady, practical, and clear throughout my case. He took the time to explain options and consequences without overcomplicating things, which I appreciated."
Defense Options in DUI Cases
There are several types of defense strategies that may be used in a DUI case depending on the circumstances surrounding an arrest, the evidence gathered by police, and other factors. Our attorneys will carefully review the details of each case, including whether a traffic stop was justified, whether field sobriety tests were conducted properly, and whether chemical testing equipment was calibrated and maintained correctly.
In cases involving blood testing, we may examine the chain of custody for samples to determine whether the proper procedures were followed when blood was drawn, when samples were stored and transported, and when laboratory tests were performed. In cases involving breathalyzer tests, we may look at whether an officer was certified to operate a testing device or whether there may have been factors that could have led to incorrect readings.
Our team understands the difficulties that a person may face when addressing DUI charges. The loss of a driver's license can affect a person's ability to get to work, care for their family members, and manage their daily responsibilities. We will work to build a defense strategy that will help prevent a criminal conviction and ensure that a person can regain their driving privileges as quickly as possible.
Frequently Asked Questions Related to DUI Charges
An administrative suspension will only affect a person's driving privileges. It is handled by the Illinois Secretary of State in proceedings that are separate from criminal charges. An administrative suspension may go into effect even if a person is able to avoid a DUI conviction. Our lawyers can provide representation in both administrative hearings and criminal proceedings, working to protect a person's license and defend against a criminal conviction.
If a police officer asks you to take a preliminary breath test after pulling you over, you are allowed to refuse to do so. Refusing a roadside breath test may help you avoid a DUI arrest, since an officer may not have probable cause to believe that you are intoxicated. However, if you are arrested, you are required to take a chemical test. You may still refuse to do so, but this will lead to an automatic driver's license suspension that will be longer than the suspension that would apply for taking and failing a test. By contacting our attorneys after being arrested for DUI, you can learn about your potential options and whether it may be a good idea to refuse testing.
While people who are arrested for DUI for the first time may be able to resolve their cases without being sentenced to serve time in jail, the penalties of a conviction do include the possibility of jail time. Since DUI is a class A misdemeanor for a first offense, a conviction can result in a maximum sentence of one year in jail. Having legal representation from an experienced attorney can help you resolve your case while minimizing the possibility of jail time and avoiding other penalties.
Contact Our Elmhurst DUI Defense Attorneys
At Goostree Law Group, we can advise you of your legal options after a DUI arrest, and we are ready to work with you to build a strong defense against a conviction. Whether DUI charges involve alcohol, cannabis, prescription medications, or other substances, we can provide the legal help you need to resolve your case successfully. Contact our Elmhurst, IL DUI lawyers at 630-584-4800 to arrange a free consultation.
