Best DUI Lawyers Chicago, IL Of 2024

• Purav Bhatt
• Jonathan M. Brayman
• Steven H. Fine
• Hal M. Garfinkel
• Stephen M. Komie
• Sergei A. Kuchinski
• Gbenga Longe
• Saani Mohammed
• Mitchell S. Sexner
• Sarah Toney

In Illinois, you may be stopped by a police officer if they have reasonable suspicion or observe unlawful or unusual behavior. You may also be stopped at a designated roadblock. If the officer suspects you are under the influence of drugs or alcohol, you may be asked to complete field sobriety tests. If this testing gives the officer probable cause, you may be placed under arrest for DUI.

You commit the crime of “driving under the influence” (DUI) in Illinois if you are in actual physical control of a motor vehicle while impaired by alcohol, cannabis, drugs prescribed for medical purposes, intoxicating compounds or methamphetamine.

Legal Blood Alcohol Concentration (BAC) in Illinois

In Illinois, the legal blood alcohol content (BAC) limit for operating a motor vehicle is 0.08%. If your BAC registers at or above 0.08%, you can be arrested and charged with DUI, regardless of whether you demonstrate actual physical impairment.

You are legally considered “under the influence” in all of the following circumstances:

• You have a blood-alcohol content (BAC) of .08% or more.
• You have a tetrahydrocannabinol (cannabis) concentration (THC) of either five nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances.
• You have used any other controlled substance.
• You are impaired by medication.

For drivers under 21, Illinois has a zero tolerance policy. Any detectable amount of alcohol or cannabis system in an underage driver’s system will lead to DUI charges.

Implied Consent Laws in Illinois

When you obtain a driver’s license in Illinois, you agree to follow and be bound by the rules of the road. This includes your implied consent to undergo chemical testing (such as breath, blood or urine tests) to determine your blood alcohol content (BAC) if you are lawfully arrested on suspicion of driving under the influence (DUI).

You do not have to submit to testing unless you are lawfully arrested for DUI based on probable cause. However, if you are lawfully arrested and refuse to undergo testing, your driver’s license will be automatically suspended for 12 months (three years if you have a previous DUI offense), even if you are later acquitted of DUI charges.

DUI Penalties in Illinois

Possible penalties for a DUI conviction in Illinois include fines, license suspension, mandatory alcohol education programs and jail time. The severity of the penalties increases based on whether you have prior DUI convictions and the circumstances of the offense.

Some circumstances increase the classification of your DUI charges and the severity of the potential penalties. These aggravating factors include traveling the wrong way on a one-way road, having a BAC of .16 or more, driving with a child under 16 in the car and causing a crash that causes bodily harm to a child under 16 in the car.

In 2023, the potential penalties for a DUI conviction in Illinois are as follows:

Offense	Potential Jail Time	Potential Fines	License Revocation	With BAC .16%+*	With Child Under 16*	With Child + Crash*
First conviction (Class A Misdemeanor)	No mandatory minimum, maximum 1 year	Up to $2,500	Minimum of one year (two years if under 21)	Mandatory minimum fine of $500, minimum 100 hours of community service	Possible imprisonment up to six months,  mandatory minimum fine of $1,000 and 25 days of community service	Minimum fine of  $2,500, 25 days of community service
Second conviction (Class A Misdemeanor)	Minimum 5 days jail or 240 hours of community service, maximum one year jail time	Up to $5,000	Minimum of five years for a second conviction within 20 years	Two days jail, mandatory minimum fine of $1,250	Enhanced to Aggravated DUI, Class 4 felony charge	Mandatory fine of $5,000, 25 days of community service in a program benefiting children
Third conviction (Aggravated DUI, Class 2 Felony)	Three to seven years	Up to $25,000	Minimum of 10 years	90 days jail, mandatory minimum fine of $2,500	Mandatory fine of $25,000 and 25 days of community service in a program benefiting children	–
Fourth Conviction (Aggravated DUI, Class 2 Felony)	Three to seven years	Up to $25,000	Lifetime revocation	Mandatory minimum fine of $5,000	Mandatory fine of $25,000 and 25 days of community service in a program benefiting children	–
Fifth Conviction (Aggravated DUI, Class 1 Felony)	Four to 15 years	Up to $25,000	Lifetime revocation	Mandatory minimum fine of $5,000	Mandatory fine of $25,000 and 25 days of community service in a program benefiting children	–
Sixth or Subsequent Conviction (Aggravated DUI, Class X Felony)	Six to 30 years	Up to $25,000	Lifetime revocation	Mandatory minimum fine of $5,000	Mandatory fine of $25,000 and 25 days of community service in a program benefiting children	–

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*The listed penalties for these aggravating factors are imposed in addition to the other penalties and fines for the original charges.

Additionally, mandatory vehicle registration suspension is included for every level of conviction.

Any DUI offense resulting in felony charges is classified as aggravated, reducing your ability to negotiate a plea bargain. If a mandatory term of imprisonment or community service applies, it cannot be reduced or suspended. If you are sentenced to probation or conditional discharge, you will also be required to serve a minimum of 480 hours of community service or imprisonment of 10 days.

What to Expect After a DUI Arrest in Illinois

Your vehicle may be impounded when you are arrested and charged with DUI. Officers take you to the police station and perform chemical testing to detect alcohol or drugs in your system.

If this testing reveals alcohol, cannabis or other drugs in amounts above the legal limits, your license is automatically suspended. This suspension takes effect on the 46th day after your arrest and lasts for six months if you have no prior DUIs (or a year if you do).

Tip: You have the right to request a summary suspension hearing to challenge the suspension and request the reinstatement of full or restricted driving privileges. If you are a first-time DUI offender, the judge may grant you a restricted permit to drive with a vehicle monitoring device (such as an ignition interlock device) on your vehicle. If you’re a repeat offender, you may still be able to obtain a Restricted Driving Permit, allowing you to drive for limited purposes (such as commuting to school or work).

The police will refer your case to the Cook County State’s Attorney’s Office. An assistant state’s attorney will evaluate the facts of your case and file criminal charges against you.

In 2023, the Illinois Pretrial Fairness Act, a section of the Illinois SAFE-T Act, went into effect. It eliminated the requirement for defendants to deposit cash bail or obtain a bail bond to be released from custody before trial. Once you are booked on DUI charges, you are informed of your future court date and allowed to leave the police station or jail facility.

In certain circumstances, especially if you have been charged with serious felony DUI offenses, the prosecutor can request a detention hearing. At that hearing, a judge determines whether you pose a public safety or willful flight risk. If so, you may be sent to jail until your case goes to trial.

At trial, the prosecuting attorneys must prove your guilt beyond a reasonable doubt. If they succeed and you are convicted, the court imposes a sentence. This may include jail time or probation, court-mandated drug and alcohol counseling or treatment and fines. You will have a criminal conviction on your record.

A skilled Chicago DUI lawyer helps you understand the DUI process and the options available to you at every step. They evaluate your case and identify any weaknesses in the case against you, possible defenses to DUI charges or mitigating factors that may entitle you to leniency. This may include:

• Examining the circumstances of your arrest and detention for any constitutional or civil rights violations
• Identifying any procedural issues that can be challenged
• Questioning the results, accuracy or integrity of the chemical testing
• Challenging how the field sobriety testing was performed
• Challenging the legality of a DUI checkpoint or individual traffic stop
• Arguing you were not actually driving the vehicle (for example, if you were a passenger in the car)

Your lawyer represents you at your court appearance or bond hearings and works with you to build the best possible defense. They can help you explore your eligibility for diversion programs or deferred prosecution programs that could allow you to avoid a criminal conviction.

You may be able to enter into a plea agreement for a lesser charge. An experienced lawyer will be far more effective in negotiating a reduction of charges, alternate sentencing options or a lenient sentence than if you try to represent yourself.

Choosing a DUI lawyer can be overwhelming. Focus on lawyers with the right experience and abilities for your situation. Your needs are different if you have no previous DUI convictions and are facing simple over-the-limit charges than if you have multiple convictions, were involved in an accident that caused injury or death or face aggravated felony charges.

You should address the following issues when evaluating potential candidates.

• Background. Many Chicago DUI lawyers started their legal careers on the other side of the table, prosecuting DUI offenses. Attorneys who previously worked for the Cook County State’s Attorney’s Office have experience handling these cases and understand all the options and defenses that may be available for you. Many have relationships with and are respected by the lawyers currently working for the prosecutor’s office, which can help them negotiate better outcomes for their clients.
• Resources and skill. Some lawyers focus on DUI cases, while others handle many types of criminal defense matters. Make sure your lawyer has handled enough DUI cases to firmly understand the defense process. If you are facing felony or aggravated charges, ensure your lawyer has the ability and resources to mount a vigorous defense.
• Past results. Ask lawyers for examples of some recent results in DUI defense cases. While client details are confidential, they should be able to provide you with some examples of successful client outcomes.
• Communication. You should feel comfortable communicating with your attorney in your preferred manner and language. You must be able to trust your lawyer to provide you with timely, honest advice that you can understand and implement.
• Cost. Many DUI attorneys in Chicago accept credit cards, offer payment plans or work on a sliding fee schedule. Ask whether they charge an hourly rate, a fixed fee for DUI defense or other type of fee arrangement.
• Case management. Some lawyers are solo practitioners, while others work with a full staff. Larger firms may delegate some tasks to other attorneys or legal support staff, which can be more cost-effective but less personal. Ensure you find a lawyer with the resources you need to defend your case vigorously.

To come up with the best DUI lawyers in Chicago in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses & certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education & employment background
• Scholarly lectures & writings
• Awards & Honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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