The Law Offices of William Margolin

What Are Some Common Mistakes People Make After A DUI Arrest?

The biggest mistakes people make after a DUI, is they talk too much. Whether you are arrested for a DUI, or any type of criminal charge, the process begins against you in the criminal justice system. You want to limit any type of information that you give, whether it be to the police, or to any other witnesses. Once arrested, the police feel that they have sufficient amount of evidence, and you have no control over the information that they receive prior to the arrest. Once the arrest takes place, if you can keep silent, then at least we will not have any incriminating evidence from any comments you made to law enforcement during your arrest. This can further the state’s case if the case goes to court, if you talk to them prior.

Why Is It Not Advisable To Plead Guilty To A First Offense DUI?

There are multiple options in every single case not to plead guilty in a DIU. Some of the options or some of the remedies might be incredibly favorable to you, and some can be extremely bad. For example, in the state of Illinois, on a first time DUI, the law says it is punishable by up to a year in county jail, with a $2500 fine and additional court costs. In addition to that, you would have your license revoked, which would mean a permanent revocation, or permanent taking away of your driving privileges. That is one extreme, the other extreme is more lenient. It would be what they call court supervision which is a non-conviction. It does not go on your record, you do not serve jail time, and you do not have high fines, you do not lose your driving privileges because of that charge.

You can go into court and plead guilty without having any understandings of what the law is without looking at the evidence placed against you, and without consulting with anyone who is an expert in the field of criminal defense. You are at the whim of the judge, and or prosecuting attorney, which is usually not a favorable outcome.

What Are The Driver’s License Consequences Associated With A DUI Arrest?

In the state of Illinois, upon arrest for DUI, there are no immediate consequences concerning your driving privileges. The law says that when you are arrested for DUI, you are brought to the station after the arrest. They ask you to submit to a chemical test, whether it is a breath test, or they take you to a hospital for a blood test. If you refuse to blow into the machine, submit to a chemical test, or you do submit to a chemical test, and it is above a 0.08% alcohol concentration, then once again nothing happens directly, but after forty-six days that have passed from the date of your arrest, your license would become suspended.

In the state of Illinois, if you submit to a test, and you are a first time DUI offender, your license would be suspended for six months. If you refuse to blow, or refuse to submit to a chemical test at a hospital, it is a one-year suspension. Once again, nothing happens immediately. What you decide to do on the date of your arrest, remember there will be ramifications after the forty-sixth day after the date of the initial arrest.

What Happens If I Refuse A Breath Or A Blood Test?

If you refuse a breath test with a first time DUI, your license is suspended for one year. If you submit to a test regardless of what the results are, it is a six-month suspension. If you are what they call a repeat offender, meaning you received a DUI within the last five years of the last DUI, and you submit to a test, it is a one-year suspension. If you refuse, it is a three-year suspension of driving privileges. Therefore, there is a big difference between a first time offender, and a repeat offender.

For more information on DUI Offenses In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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