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If you have been arrested for a DUI in Kane County, this article will describe the process of what will occur. After the police officer arrests you for a DUI, he will take you to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Statutory Summary Suspension Laws. If you take the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the Kane County Judicial Center, located at 37W777 Route 38, St. Charles, Illinois 60175. There is a parking by the building.



The case will be prosecuted by the Kane County State’s Attorney’s Office. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to courtroom 211. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the Kane County DUI Process. It is vital that you hire a Kane County DUI Attorney. The criminal prosecution of a DUI can take as little as two months or as long as one year.

If you have been arrested for a DUI in Kendall County, this article will describe the process of what will occur. After the police officer arrests you for a DUI, he will take you to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Statutory Summary Suspension Laws. If you take the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the Kendall County Courthouse, located at 807 West John Street, Yorkville, Illinois 60560. There is a parking by the building.



The case will be prosecuted by the Kendall County State’s Attorney’s Office. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to courtroom 114. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the Kendall County DUI Process. It is vital that you hire a Kendall County DUI Attorney. The criminal prosecution of a DUI can take as little as two months or as long as one year.

If you have been arrested for a DUI in Yorkville, Illinois, you may wonder what is the legal process. After the officer arrests you for a DUI, you will be transported to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Illinois Statutory Summary Suspension Laws. If you submit to the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the Kendall County Courthouse, located at 807 West John Street, Yorkville, Illinois 60560.



The case will be prosecuted by the Kendall County State’s Attorney’s Office. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to courtroom 114. Your first appearance will be at 9:00 AM. The judges will hear all private attorney cases first. If you do not have an attorney, the wait may be one hour or longer. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the Kendall County DUI Process. It is vital that you hire a Kendall County DUI Attorney. The criminal prosecution of a DUI can take as little as two months or as long as one year. The Yorkville Police Department is located at 804 Game Farm Road, Yorkville Illinois. The Telephone # is 630-553-4340. The current Chief of Police is Richard Hart.

You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date in approximately 3 to 4 weeks from your arrest date. You must appear on that date at the DeKalb County Courthouse, located at 110 East Sycamore Street, Sycamore, Illinois 60178. There is a parking by the building. The case will be prosecuted by the DeKalb County State’s Attorney’s Office.

When you arrive at the courthouse on your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to courtroom 100 and first appearances are set for 9:00 AM. The judges will call all the private attorney cases first. If you have not retained an attorney, the wait may be one hour until your case is called. The judge will ask if you retained an attorney and how you plead. It is extremely important tht you plead not guilty and start the process of hiring an attorney. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the DeKalb County DUI Process. It is vital that you hire a DeKalb County DUI Attorney. Your DeKalb County DUI Attorney will typically be the best attorney to defend you from the DUI charge. The criminal prosecution of a DUI can take as little as two months or as long as one year.

If you have been arrested for a DUI in Dupage County, this article will describe the process of what will occur. After the police officer arrests you for a DUI, he will take you to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Statutory Summary Suspension Laws. If you take the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the DuPage County Judicial Center, located at 505 N. County Farm Road, Wheaton, Illinois 60187. There is a parking garage by the building.


The case will typically be prosecuted by the DuPage County State’s Attorney’s Office. However, some municipalities including Oak Brook, Carol Stream and West Chicago to name a few prosecute the offenses themselves and hire private attorneys. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to one of three court rooms 4002, 4015 or 4017. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the DuPage County DUI Process. It is vital that you hire a DuPage County DUI Attorney. The criminal prosecution of a DUI can take as little as two months or as long as one year.

Should you take a breathalyzer test or refuse?
As a practicing attorney, many individuals ask me, if I have been drinking, should I take the breathalyzer test? In Illinois, there are two types of breathalyzer tests. The first is the portable breathalyzer test, which is inadmissible in any criminal proceeding. The second is the breathalyzer test administered after you have been arrested for a DUI and taken to jail. There are many important factors to take into consideration. The most important determination is how much alcohol did you consume before being stopped by the police? How much time has elapsed since your last alcoholic drink? Did you eat any food since your last alcoholic drink?
At the point the officer requests you take a breathalyzer, the officer has typically formed the opinion that you are under the influence of alcohol. The officer would have smelled alcohol on your breath, noted that you have slurred speech and requested that you perform field sobriety tests. If you had passed the field sobriety tests, he typically would not ask you to take the portable breathalyzer test. In fact, if you passed the field sobriety tests, you have a strong argument that the officer did not have probable cause to arrest you. If the officer did not have probable cause to arrest you, the case would be dismissed.
If the officer arrested you for a DUI, you can expect to be handcuffed and taken to the police station. The officer will read to you the warning to motorist and attempt to coerce you in taking the breathalyzer test. If you take the breathalyzer, you may potentially give the police their strongest piece of evidence concerning your arrest for DUI. If you take the breathalyzer and register a .08 or greater, your license will be suspended for a period of 6 months. You will not be able to drive for 30 days of that suspension, but if you are eligible for a MDDP permit, you will be able to drive for the last 5 months with a BAIID device. In addition, the odds of a DUI conviction rise because of this breathalyzer result.
However, if you refuse the breathalyzer, the state will be missing their strongest piece of evidence and you may have a stronger case. Your license may be suspended for one year, with the ability to drive with a BAIID device in your vehicle for 11 months.
To take a breath test is a personal choice for each individual who is stopped for a potential DUI. If you are intoxicated, the best course of action to avoid a DUI conviction is to politely refuse to take any field sobriety tests. Avoid talking as much as possible and refuse any and all breath tests. Your license will be suspended, however the state has a difficult task in proving that you were under the influence of alcohol beyond a reasonable doubt.

Arrested for a DUI, should you Fight the Charge?

After you are arrested for a DUI arrest, you may feel that your case is hopeless and that you should just plead guilty. This is especially true if you consented to a breath test that revealed a high blood alcohol level. However, it is important to consult with a DUI attorney to discuss your case before determining whether you should plead guilty. There may be other legal aspects of your DUI arrest that can be challenged.


According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protect against unreasonable search and seizures. If you were arrested for a DUI and it was not based on probable cause, a competent DUI Attorney may be able to have the case dismiss based upon a violation of the Fourth Amendment.

Police Officers often make mistakes during DUI arrests. If the police question you without reading you the Miranda warnings, your DUI attorney may move to have certain evidence suppressed or possibly have the case dismissed. In some cases, your DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.

In Illinois, the DUI laws requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content(BAC). Refusal of a breath test will result in civil penalties, including the loss of driving privileges for a period of at least one year. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.

Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
· The results of the test the testing procedure
· The collection, handling and storage of the sample
· The manner in which other tests were conducted
· The arresting officer's actions
· The cause for the traffic stop
Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.

If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, if your lawyer has experience in this area and may feel otherwise.

Illinois DUI Charges


The crime of Driving under the Influence is commonly referred as a DUI. A person will be charged with DUI if they drive or be in actual physical control of any vehicle while:

1. the person's blood alcohol content (BAC) of their blood or breath is 0.08 or more;

2. under the influence of alcohol;
3. under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
4. under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
5. under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
6. there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis, a controlled substance, an intoxicating compound, or methamphetamine.
A DUI offense in Illinois is typically charged as a misdemeanor, however aggravating factors may enhance the charge to a felony offense. Felony convictions carry much harsher penalties than misdemeanor offenses (which carry a maximum jail sentence of 1 year). Enhancements include: DUI with a child under the age of 16 in the vehicle, DUI bodily injury, DUI serious bodily harm/disfigurement or disablement, prior DUI convictions, etc.

Illinois DUI Statutes (625 ILCS 5/11-501)

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

Drunk Driving Information

When a person is under the influence of alcohol that impairs his mental and
motor skills and is driving a motor vehicle is commonly called drunk driving. It is illegal to be “drunk driving” in all 50 states within the U.S. The statutory offense is typically called driving under the influence (DUI), driving while intoxicated (OWI), operating a vehicle under the influence (OVI).
The National Highway Traffic Safety Administration (NHTSA) stated that 17,941 individuals died in “alcohol related” collisions in 2006. There were nearly 45,000 traffic related deaths in 2006. NHTSA has a relatively broad definition of “alcohol related”. Alcohol related is defined as a driver, a passenger or an occupant of the vehicle had a blood alcohol level (BAC) of .01 or greater. Drivers with a BAC of .10 or greater are 6 more times more likely to be involved in a fatal accident than drivers without any alcohol in their system.
All 50 states have a per se blood or breath alcohol level as a criminal offense. If the BAC is .08 or greater, the driver is in violation of the per se statute. The amount of alcohol required to achieve a BAC level of .08 is determined by many factors. Body weight, age, sex recent food intake amongst many factors will affect a BAC level. It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various pieces of evidence associated with your DUI arrest. It is imperative that you retain an attorney who practices in the county where you are charged. If you were arrested in Kane County Illinois, it is important to hire an attorney who is familiar with the judges, prosecutors and procedures.

Statutory Summary Suspension


Statutory summary suspensions were laws aimed at punishing drivers when they are charged with DUI. If a person refuses to submit chemical testing, ie breathalyzer test, blood test, or urine test, or submits to a test which indicates a blood alcohol level in excess of .08, the person’s license will be suspended on the 46th day from the date of the arrest. The length of suspension will be as follows:
1) 6 months for first offenders who submit to the testing;
2) 12 months for first offenders who refuse to submit to the testing;
3) 12 months for a BAC greater than.08 who is not a first offender;
4) 3 years for those who refuse chemical testing who are not first offenders.
A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles. The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.
A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.
1) Motorist was not properly placed under arrest for a DUI;
2) No probable cause to for the DUI arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to the test;
5) Motorist was not driving or in actual physical control of a motor vehicle.
It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI.
Monitoring Device Driving Permit and the BAIID

As a first time DUI offender in Illinois, you may be eligible for driving relief during your Statutory Summary Suspension (SSS) after the 31st day from the effective date. You are eligible to receive a Monitoring Device Driving Permit (MDDP) from the secretary of state. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). You may opt to not participate in the
BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.



Ineligibility


1) You are ineligible for an MDDP if your driver’s license was otherwise invalid at the time of the DUI arrest;

2) You are ineligible for an MDDP if death or great bodily harm resulted from this DUI arrest;

3) You are ineligible for an MDDP if you have previously been convicted of reckless homicide or aggravated DUI, which resulted in a death;

4) A MDDP will not allow a CDL holder to operate a CMV during the SSS;

5) If you failed a chemical test or refused a chemical test for DUI in the past 5 years (not including this arrest);

6) if you are under age 18 years old.



Restrictions


1) MDDP will not be effective until the 31st day of your SSS;

2) You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS;

3) If you are found driving a car without a BAIID during the SSS you will be guilty of a class 4 felony.



Exemptions


If you will need to drive employer owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do on work hours

If you believe you are eligible for this exemption, please bring your employers name, address, and phone number with you to court so that the Illinois Secretary of State can contact them for verification



How do I get an MDDP?


At your court appearance, inform the Judge of your desire to obtain an MDDP. You will then fill out an application, which will be forwarded to the Illinois Secretary of State’s office for processing. After the Secretary of State receives your application your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued.



How long will it take?


You are not eligible to receive an MDDP until the 31st day of your SSS. The Secretary of State will issue the MDDPs as efficiently as possible.



How does the program work?


Once your MDDP is issued, you will have 14 days to have a BAIID installed on any and all cars you wish to drive during your SSS.

From the date it is installed, the BAIID will be read once every 60 days. However, if the BAIID detects an accumulation of 5 violations, your machine will be recalled early for monitoring. The Secretary of State’s office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the Secretary of State will send a letter giving you an opportunity to explain
the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional 3 months and you will submit to monitoring every 30 days and/or your MDDP may be cancelled.


No, unless you are deemed ineligible by the criteria listed above.
How much does the MDDP program cost?

Cost will depend on the length of your SSS. You will be required to pay a $30 per month non-refundable, monitoring fee to the Illinois Secretary of State for the length of the MDDP. This fee will be paid in full, upfront before the MDDP is issued.
For the actual device, you will have to pay an installation fee, monthly rental fees, and calibration fees. All of these expenses are worked out with the Illinois Certified BAIID provider of your choosing.
An indigent fund is available to assist in the cost of the BAIID if the offender is found to be indigent by the courts.


What if I decide I don’t want to be in the program anymore?

If you decide that you no longer wish to drive during the remainder of your SSS, you can opt out of the program at any time. You will need to surrender your MDDP to the Illinois Secretary of State, upon which you will be given authorization to have the BAIID removed from your vehicle(s).
If you bopt out of the program and are subsequently caught drivind during your
SSS, you will be guilty of a Class 4 felony.


Cost

1) $30 per month for Secretary of State monitoring fees;
2) $80-$100 installation fee;
3) $85 per month rental fee for device;
4) $100 recalibration fee for device every two months;
5) $100 de-installation fee.Can the Judge deny me the MDDP?

1st Offense


First DUI Conviction
If you are convicted for DUI in the State of Illinois, the first offense will result in a minimum 1 year suspension of your drivers license. In addition, you may be imprisoned for up to one year and fined up to $2,500. If the driver was transporting a person under the age of 16 at the time of the violation, is subject to an additional mandatory minimum fine of $1,000, an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children, and an additional 2 days of imprisonment.



2nd Offense


Second DUI Conviction
For your second DUI conviction in Illinois, you will receive a Minimum 3 year suspension of your drivers license. You will also receive a mandatory 48 hours in jail or 10 days of community service. You may receive up to 1 year in jail for your second drunk driving conviction in Illinois and a maximum fine of $2,500. If, at the time of the second violation the person was transporting a person under the age of 16, the driver is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.




3rd Offense


Third DUI Conviction
If you are unfortunate enough to receive your 3rd DUI conviction in Illinois you will receive a minimum 6 year loss of your driving privileges and you may be imprisoned for up to 3 years. In addition, you will also receive a maximum fine of $10,000. If, at the time of the third violation, the person was transporting a person under the age of 16, the driver is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $1,000, an additional mandatory 140 hours of community service, which shall include 40 hours in a program benefiting children, and a mandatory minimum 30 days of imprisonment.


If you have been charged with a misdemeanor DUI or Felony DUI, you need an criminal defense attorney highly experienced in DUI to protect your rights. Being convicted of DUI is a serious issue. A DUI conviction remains a red mark on your criminal record for years. If you have been pulled over and charged with DUI, then you face a number of costly and difficult consequences. Avoid the complications associated with a DUI conviction by hiring a DUI Attorney to represent you.

I have over 18 years experience in the criminal justice field. As a former Assistant State's Attorney and former "Chief of Felony", I have the experience to help resolve your DUI charge with the best results possible. I was awarded the "DUI" Prosecutor of the Year. I have tried numerous cases with over one hundred trials to my resume, including misdemeanor DUI, Felony DUI and Reckless Homicide-DUI based. I have extensive experience representing clients charged with DUI in DuPage, Kane, Kendall and DeKalb Counties. You need a DUI Attorney to serve your needs.
The Law Offices of Peter Buh is dedicated to achieving the best outcome for every client charged with DUI. I will fight to protect your rights. With The Law Offices of Peter Buh on your side, you will come out on top. As the managing partner, I will be the one to represent you from the beginning of the case until completion. Be confident that you will receive the personal attention you deserve. If you are charged with misdemeanor DUI or felony DUI, contact a firm that concentrates in people charged with DUI. Contact a DUI Attorney to protect your rights and driver's license.