Statutory Summary Suspension
Whether this is your first or fourth DUI arrest, drunk driving penalties can be severe and include jail time and crushing fines. You might think that it’s all downhill from here, but there are defense options available.
Your success will depend largely on the lawyer you hire to handle your case.
Our firm has the experience and record of results you need to find a way forward when you’re facing the criminal justice system. Getting an experienced legal team on your side means having an advocate who can look for any way to soften the blow of a DUI arrest in Illinois. It also means having a legal guide who can lessen the practical consequences that DUI charges can have on your ability to live your life.
Contact us at McSweeney Moore Law Offices for a consultation. Our office is easily accessible in Villa Park, Stone Park and Chicago, and we handle cases throughout Chicagoland and Illinois.
Fight A Criminal Conviction And License Suspension/Revocation
Jail time and fines are serious, but so is the inability to drive for months or even years. We represent our clients in administrative as well as criminal proceedings and do everything possible to expedite getting their driving privileges back following a DUI arrest.
Your criminal case: In Illinois, third and subsequent DUIs are treated as felonies, meaning that the jail sentences and fines can be even more serious. Our attorneys handle all aspects of DUI criminal cases, including challenging police evidence and negotiating with prosecutors for favorable outcomes.
Your administrative case: Another but no less important side of any DUI case is the administrative penalty, especially a suspended license. If you do not act quickly following an arrest or citation, you may face automatic license suspension, whether or not you have been convicted of DUI.
Felony DUIs
Having a single DUI on your record is not uncommon. Most of us know someone who has been pulled over for drunk driving, but that does not make the charge any less severe. Every DUI can place a mark on your record, and the longer the list, the more severe the penalties.
30 Years Of Criminal Law Experience
If you have been charged with a felony DUI or as a DUI arrest repeat offender in Cook County, Will County or surrounding areas, make sure you have an experienced criminal defense attorney on your side. At McSweeney Moore Law Offices, we have a record of success in serious criminal cases throughout the Chicagoland area of Illinois.
Speak with our experienced attorneys to arrange a consultation and discuss your defense options today. We offer decades of experience, thoughtful strategies and effective representation in a wide range of criminal and administrative DUI issues.
Defense Options After A Felony DUI Arrest
Even if the evidence seems stacked against you, there are ways to eliminate or minimize the impact of a DUI on your life. In order for evidence to be admissible in the case against you, it needs to have been lawfully gathered.
This means if a police officer did not have reason to pull you over or did not have probable cause to believe you were under the influence of alcohol or drugs, evidence could possibly be suppressed. Furthermore, if the devices or procedures used to gather evidence (i.e., Breathalyzer tests or field sobriety tests) were not properly calibrated, maintained or performed, the evidence may not be useful at all.
Knowledgeable Legal Counsel Will Make A Difference
These are just a couple of examples of how an investigation and defense strategy executed by an experienced attorney can truly make a difference in your case. Our goal is to minimize the effect of a criminal charge or administrative proceeding (as in secretary of state matters) so you can retain your driving privileges and your freedom
Challenging A Breath Test
Many people immediately assume that a breath test result is automatically conclusive evidence. Fortunately, there are numerous defenses available for those who score in a range that puts them over the legal limit. If you or a loved one is facing DUI charges, it is crucial that you have a skilled defense attorney on your side fighting to protect you.
Hire A Former Prosecutor For Your Defense
At McSweeney Moore Law Offices, we have extensive experience challenging a breath test and defending clients in communities throughout Cook County who are facing criminal charges. Our attorneys understand the penalties for a conviction can be harsh, and we will fight to minimize your exposure to them.
Consequences can have a dramatic impact on your life.
Fines, jail time and loss of driving privileges can impact all aspects of your life — both personal and professional. Look to our lawyers to protect you.
Breath Tests Are Not Infallible
Illinois law enforcement agencies rely on various machines to aid in building a case for DUI. Using the Breathalyzer to the Intoxilyzer, officers arrest people every day. The BAC numbers from these devices are treated as providing evidence of intoxication. But how trustworthy are these numbers?
The reliability and validity of a breath test can be challenged in many ways — typically by asking questions such as.
Was the officer properly trained in the machine’s operation?
Was the machine properly cleaned and stored between uses?
Was the machine properly calibrated?
Were there any contaminants or environmental factors that could have influenced the results?
Were the results properly stored and protected through the chain of custody?
Even if the officer can prove that it was a valid traffic stop, the breath test results cannot immediately
be trusted. As your defense attorneys, we will question and challenge all aspects of your charge, including the breath test result that stands at the center of your case.
Summary License Suspension After A DUI
A DUI arrest can lead to a host of criminal law issues. These include jail or prison time, fines, and more
These are certainly serious issues that demand an experienced criminal defense lawyer, but you also need to work with an attorney who can handle the administrative proceedings that immediately jeopardize your driving privileges. When you are arrested on suspicion of DUI, your license will be automatically suspended — even if you have not been convicted.
Administrative Proceedings Should Not Be An Afterthought
You need your license. There are ways to combat consequences like driver’s license suspension or revocation, but you need to act. Your license will be automatically suspended for six months if your breath test was positive and for 12 months if you refused the test.
“We take swift action to protect your rights in the criminal justice system.”
Filing A Petition For Your License In Illinois
When you are arrested on suspicion of DUI, you may be released on bond, given a court date and notified that your license will be suspended in 46 days. We can petition on your behalf for a hearing to have the suspension lifted.
We will investigate to ensure that police procedures were followed and that you were properly placed under arrest. You may also have the option of having an ignition interlock device installed in your car. Installation of such devices can be expensive, but can help you retain much needed driving privileges.
Secretary Of State Hearings Conducted For License Reinstatement
Navigating the administrative process of the secretary of state’s office can be challenging. It involves strict deadlines and demonstration of key evidence that backs your case. Make sure you have an experienced attorney to help you through this process. Contact our Palos Heights-area law office online or by telephone at 708-568-0474 to learn more.