When You Are Charged As A Repeat DUI Offender

 Posted on August 18, 2016 in DUI/DWI

Being charged with a first DUI is bad enough, but being charged with a second, third or subsequent DUI can be worse. DUIs are serious matters, and anyone who has been charged with a DUI needs to seek the help of an experienced Illinois DUI lawyer immediately. The differences between facing DUI charges as a first time offender and facing DUI charges as a repeat offender are striking. Illinois law takes repeat DUI offenses very seriously. For instance:

• When you are facing a third or subsequent DUI charge, you are facing a felony charge under 625 ILCS 5/11-501(d)(2)(B);
• A second DUI conviction within 20 years of a first DUI conviction will result in driver’s license revocation for a period of five years; and
• A third DUI conviction will result in driver’s license revocation for a period of 10 years.

When it comes to DUIs, the Illinois courts can look back into your driving history for prior DUI convictions; indeed, they can look back to when you first were granted driving privileges. This means that any prior DUI conviction in Illinois will be taken into consideration when determining your punishment for a second or subsequent DUI conviction.

Any number of aggravating factors can make things worse for you when you are facing a second or subsequent DUI. For instance, having a blood alcohol concentration twice the legal limit (the legal limit is 0.08 percent), driving while under the influence with a child under the age of 16 in the vehicle, or being involved in an accident that causes severe bodily harm or death to another can all exacerbate the penalties you may face if convicted. An experienced DUI defense lawyer understands what is at stake for you and will work diligently to get your charges dropped or reduced and will work hard to ensure that you receive fair treatment under the law.

Possible Defenses to DUI Charges

Any number of defenses could be raised against the DUI charges you are facing, but what defenses may be appropriate are determined on a case by case basis. Based on the specific facts and circumstances surrounding your DUI arrest, certain defenses may be available to you, while others may not. Some common defenses that are typically raised against DUI charges include:

• The traffic stop was not a valid stop;
• The breathalyzer device was not properly calibrated;
• The field sobriety tests were not properly conducted;
• Police failed to follow appropriate protocol concerning breathalyzer testing, field sobriety testing, the stop, or the arrest; or
• Police violated your rights.

Reach Out to an Attorney for Help

It is possible to move past a DUI charge and get on with your life, but you will need the help of an experienced Illinois DUI criminal defense lawyer to protect your rights and freedom. Please do not wait unnecessarily to contact a passionate Rolling Meadows criminal defense attorney for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501