At the Law Office of Joel E. Rabb & Associates, we assist you by:
- Discussing with you how the law applies to your case and clearly explaining your legal rights.
- Scrutinizing the details of your particular case to ensure the charges are based on valid evidence.
- Holding law enforcement responsible and forcing them to prove that they correctly performed sobriety and breath testing
- Representation in court; working to have the charges dropped, if suitable, or vigorously negotiating other potential resolutions to the case.
- Ensuring that the most favorable possible outcome is attained.
As your attorneys, it’s our job to seek the best resolution to your case that focuses on you keeping your license, keeping you out of jail and getting your life back on track.
A first time DUI conviction can result in the following:
- 1 year suspension of your driver’s license.
- Imprisonment for up to 1 year.
- Fines of up to $2,500 plus additional court costs.
- If the driver was transporting a minor under the age of 16, additional fines and penalties are possible.
Even first time DUIs must be defended and fought aggressively. You’ll need a knowledgeable attorney who has a detailed understanding of the law and who can tailor a defense based on your specific set of circumstances.
Being arrested for DUI does not mean you are guilty. You are innocent until proven otherwise. A strong attorney will expose the weaknesses in the prosecution’s case, and provide direction on whether you’ll be able to keep your license.
A second time DUI conviction can result in the following:
- Minimum 5 years suspended license.
- Mandatory 5 days in jail or 240 hours of community service.
- Up to 1 year in jail.
- Fines up to $2,500 plus additional court costs.
- If the driver was transporting a minor under the age of 16, possible 1-3 years imprisonment and an additional fine of $25,000
Second time DUIs carry sever penalties and fines, including imprisonment and long term suspension of your driver’s license. If you have a job which requires you to drive, it could be in jeopardy. We understand the potential disruption that a second DUI can cause, and we have the knowledge and skill to see you through this difficult time.
At the Law Office of Joel E. Rabb & Associates, we evaluate every aspect of your case carefully, exploring all the evidence to develop a defense strategy designed with the absolute best chance of success for you.
If you are facing a second time arrest for DUI, the Law Office of Joel E. Rabb & Associates can help with the following:
- Provide an aggressive defense which highlights the facts in your favor and emphasizes the weakness in the State’s case
- Work with you to minimize and reduce possible penalties
- Investigate possible ways to for you stay on the road and drive
A third DUI conviction can result in the following:
- Minimum 10-year loss of driving privileges.
- Possible imprisonment for up to 7 years.
- Up to $2,500 in fines, plus additional court costs.
- If the driver was transporting a minor under the age of 16, the charge can be increased to a Class 4 felony, will include a mandatory fine of $25,000, and additional 25 days of community service and an additional 1-3 years imprisonment.
A third DUI arrest means mandatory jail time and tens of thousands of dollars in fines. You need the best legal representation for your defense. We will provide the support and direction to see you through your case. We are committed to getting the most successful result and the following:
- Finding a resolution to your case with as little damage as possible to your license and liberty.
- Analyzing any inconsistencies and improper procedures regarding the sobriety tests
- Possible settlement of your case or taking it to trial, dependent upon on your needs and the circumstances.
We are here to answer your questions as well as help you understand your rights and options.
Typically, an arrest for driving under the influence is a misdemeanor for your first offense in Illinois; however, there are some circumstances in which even a first offense can be a felony. Felony DUI offenses are referred to as aggravated DUI. A felony charge is much more likely to carry a jail sentence compared with a misdemeanor. For this reason, you require the best legal representation.
DUI charges in IL are based on the DUI statute 625 ILCS 5/11-501. In each case, it is the responsibility of the prosecution to prove that the defendant has violated the law in some manner, such as driving with a blood alcohol content of 0.08 percent or above, or driving with a trace amount of cannabis or a controlled substance in the body. If the charge is aggravated (felony) DUI, the burden of proof is the same.
How can you tell if you were charged with a misdemeanor or a felony? If you were charged with a misdemeanor, you will have been allowed to post bond at the police station, or been given an “I” bond. Conversely, if the charge was a felony, you would have been brought before a judge for a bond hearing, with the case being continued for a preliminary hearing.
Be aware though, even if you were not initially charged with a felony aggravated DUI, your case can be upgraded at a later time by an assistant state’s attorney after he or she has had an opportunity to review your case. The state is allowed 18 months to review and upgrade your misdemeanor case to a felony.
The following circumstances constitute aggravated DUI under Illinois law:
- This is the defendant’s third offense. A third DUI offense in Illinois results in a Class 2 felony aggravated DUI charge. A Class 2 felony has a sentence of 3-7 years in the Illinois Department of Corrections but is probationable.
- Driving a school bus with passengers under 18 years of age on board. This is a Class 4 felony, which is punishable by 1-3 years in the Department of Corrections.
- Being involved in an accident resulting in great bodily harm, permanent disability or disfigurement. An injury to the driver does not count. Another person must be injured in the crash. Also, it does not matter who was at fault for the accident. This is a special Class 4 felony with a sentencing range of 1-12 years prison.
- A second offense of DUI where the defendant has an earlier conviction for some type of alcohol-related reckless homicide offense. This type of aggravated DUI is a Class 4 felony (1-3 years prison).
- Driving in a school zone (20 mph speed limit on a school day with children present) and being involved in an accident involving bodily harm to another. For this offense, the injury must amount to less than great bodily harm. This is a Class 4 felony offense (1-3 years prison).
- Causing the death of another person. This is a very serious offense of aggravated DUI because the presumption is the court should sentence the defendant to prison rather than probation. The sentencing range is 1-12 years for causing one fatality. If two people or more died in the crash, then the sentence is 6-28 years. The prison sentence is not subject to early release (e.g., day-for-day, good-time, or 50%). The defendant must serve at least 85% of the actual sentence in prison, as opposed to the 50% time served for other felony offenses. Note that, in comparison to other aggravated DUI involving vehicle crashes, the defendant must be partially at fault for this offense to hold.
- The defendant’s driver’s license was suspended or revoked for a prior DUI conviction, prior summary suspension, leaving the scene of an accident involving death or personal injury, or reckless homicide. In these cases, the offense is a Class 4 felony offense of aggravated DUI (1-3 years Department of Corrections).
- The defendant had an expired or invalid license, or never had a driver’s license. This is a Class 4 felony offense (1-3 year sentence).
- The defendant did not have automobile insurance. This is a Class 4 felony (1-3 years).
- The defendant was involved in an accident that resulted in bodily harm to a passenger under age 16. This offense is a Class 2 felony (3-7 years prison) and has a minimum fine of $2,500 and 25 days in community service.