LEARN ABOUT DUI

• How much is too much?
• How can law enforcement identify if you've had too much?
• If you are arrested and charged with a DUI / DWI, what can happen to you?
• What should you do if you are charged with DUI / DWI?

While different jurisdictions use different terminology to describe the same offense, DUI / DWI laws are similar in all fifty states. In many states, if the amount of alcohol in your blood (your BAC) exceeds .08 percent, you are legally intoxicated. Some states have set their legal limits at .10 percent BAC. Whether you feel drunk or not, is irrelevant. Please note the following chart that describes the effects of alcohol on a normal person of varying body weights:

How can a law enforcement official identify if you've had too much?
If you submit to breath, blood or urine tests that show that you have at least .08 percent Blood Alcohol level (BAC) in your system you will be arrested and charged with DUI / DWI. A law enforcement official can also arrest and charge you with a DUI / DWI if he suspects that you are beyond the legal limit. Common "roadside" tests include whether there is an odor of alcohol, slurred speech and physical performance. Failure to pass any of these tests can result in a DUI / DWI. An officer does not have to suspect that you are intoxicated before pulling you over. If you are curbed for speeding, and during communications an officer, he suspects that you are legally intoxicated, he can arrest you for DUI / DWI.

Impairing drugs

While many types of drugs are more difficult to detect than alcohol, you can still be arrested for DUI / DWI if an officer suspects the use of illegal and/or impairing drugs. Blood and urine tests can conclusively determine the presence of such drugs in your system.

If you are arrested and charged with a DUI / DWI, what can happen to you?
A DUI / DWI is usually a Class A misdemeanor. On top of being charged higher insurance rates, you can be sentenced for this offense, as follows:

1. Up to 364 days in jail
2. Thousands of dollars in legal fees, court costs and counseling bills
3. Court ordered participation in community service programs, or the Sheriff's Work Alternative Program, (SWAP)
4. The suspension, or revocation, of your driving privileges

How long will my license be suspended for?
Generally, Summary Suspension Laws are strictly enforced. All fifty states have similar policies regarding suspension and revocation of driving privileges after an arrest for a DUI / DWI. In Illinois, for instance, forty six days after your arrest for DUI / DWI, your license will be suspended. The period of time your license will be suspended for depends on the circumstances and whether you choose to cooperate with law enforcement. Different lawyers give different advice, but you are the decision maker.

If you already have DUI / DWI convictions, what can you expect?
You can expect higher sentences, heavier fines and costs, more court ordered tasks and longer suspension / revocation periods. In many states, as well as Illinois, if you have enough DUI / DWI convictions in your background you will automatically face Class 4 felony charges.

Is the law different for underage drinkers and drivers?
Yes. Most states have zero tolerance laws with regard to anyone under 21 years of age. The chart below sets out the license suspension periods possible in the State of Illinois:

If a person under the age of 21 were caught driving with a BAC of .08 or greater, he would face DUI / DWI charges and penalties as described above plus lengthier suspension periods for his driving privileges. If he has less then .08 percent BAC, but higher then .01 percent BAC, he could lose his license for a substantial period of time and face administrative hearings.

Are there any other offenses related to DUI / DWI that you need to know about?
Yes. The following are a list and description of offenses that companion a DUI / DWI or could result from a DUI / DWI if you are not careful:

1. Driving On a Suspended or Revoked License.
   If your license has been suspended or revoked due to a DUI / DWI, you cannot legally drive. If you drive and are caught, you will face another Class A Misdemeanor that can, and often does, result in jail time and fines.
2. Felony DUI.
   As mentioned above, on your third DUI / DWI conviction you will be prosecuted as a felon. Felony DUI / DWI is a Class 4 felony, carrying a sentence of one to three years in prison and up to $10,000 in fines. You can also be charged with felony DUI / DWI if you were involved in a crash resulting in great bodily harm or permanent disfigurement.
3. Providing Alcohol to an Underage Person.
   If you give alcohol to someone under twenty one or help them obtain alcohol, it is a Class A Misdemeanor and you could be sentenced up to 364 days in jail and a fine of $2,500.
4. Illegal Transportation of Alcohol.
   This offense carries a $500 fine with a possible suspension of driving privileges.
5. Knowingly Permitting a Driver under the Influence to Operate a Vehicle.
   This offense is a Class A Misdemeanor, carrying up to 364 days in jail and a fine as a sentence.
6. Violations of Supervision, Conditional Discharge, or Probation.
   If you receive a sentence of supervision, conditional discharge or probation and, while on supervision, conditional discharge or probation, you get arrested again or fail to complete any of the requirements set forth in your sentence, you can violate your sentence. If this is the case, you are in danger of receiving a harsher sentence that could include more jail time, more fines, more counseling, etc.

What you should do if you get a DUI / DWI?
As you a can see, a DUI / DWI can detrimentally effect your family life, your ability to get and maintain a job, your driving privileges, your finances and your liberty. It is often noted that a misdemeanor DUI / DWI can have a greater impact on your life then some felony cases. The court dates alone can take away from much needed time at home or work.

If you drink, do not drive. If you make a mistake and get a DUI / DWI, call your DUI lawyer immediately. Protecting your rights begins as soon as you are pulled over by law enforcement. Having legal counsel at every step of the criminal DUI / DWI process is extremely important.

In the criminal justice system, your DUI lawyer is the only person concerned with you and your rights. Your lawyer's job is to review evidence against you, advise you as to the best course of action and represent you, and only you, in court. Ethically, lawyers cannot represent people with whom they have a conflict of interest. In fact, if you feel that your lawyer has someone else's interests at heart other then your own, you should immediately change counsel.

Remember, law enforcement officials are fine people, but their jobs are to collect evidence against you and make arrests. Neither of these objectives serves you in any way as a defendant. While you should always be courteous to law enforcement officials, you should also know and protect important to know your rights. Only your attorney will help you in that area.

Prosecutors review evidence that law enforcement has gathered and build cases against you, in order to secure guilty verdicts in court. They are attorneys, but not your own. They represent the State and are not interested in protecting your rights.

If you cannot afford a private attorney, one will be appointed to you. Public defenders are appointed to represent criminal defendants who cannot afford their own attorney. While public defenders are good attorneys, who often do a great job, they also have hundreds of cases to handle at any given time. Needless to say, the volume of a public defenders case load could affect the quality of representation you receive. Does this mean all public defenders do a bad job? Absolutely not. Attorneys who can devote time and effort to your case, however, can make the difference between a conviction and a Not Guilty verdict.

Private attorneys who do not specialize in criminal / DUI / DWI law can be less than effective, too. Why? Would you want a foot doctor operating on your heart? Of course not! So why would you want a divorce lawyer handling your criminal / DUI / DWI case? You must select attorneys who know the legal terrain and specialize in the kind of law with which you are dealing. An attorney should be an expert advisor, as well as your representative in court. You do not want your attorney to be learning about the law with you.

Hiring attorneys who specialize in these laws is critical to a proper defense of your case. You need a private attorney who can investigate your case, effectively negotiate with State prosecutors and/or take your case to trial before a judge or a jury. You have too much at stake to risk poor representation. You also need an attorney who will be available to meet your needs as they arise, not someone with an office that is either too busy or too disinterested to help you.