 David M. Rafferty David Rafferty & Associates June, 2006 to present 2006 - present Illinois State Bar Association 2006 - present American Bar Association March, 2001 to May, 2006 Asst. State's Attorney DuPage County 2004 Prosecutor of the Year DuPage County 2000 Admitted to Illinois Bar January, 2000 The John Marshall Law School Chicago, IL Juris Doctor 1992 College of Rathmines Dublin, Ireland Master of International Law 1991 University College Dublin Dublin, Ireland Bachelor of Arts (cum laude) |
DUI Defense in Illinois
Illinois has some of the most punitive sanctions for motorists convicted of driving under the influence. In Illinois, a DUI conviction will automatically cause your driver's license to be revoked, and depending on your criminal and driving history, car forfeiture and prison time.
A DUI defense is one of the most difficult criminal cases to defend, as the prosecution is based on a law enforcement officer's direct observation usually reinforced by blood or breath chemical testing. For this reason you need to be clear on the process and possible sanctions you face. The best way to do this is to hire a criminal defense attorney specializing in DUI defense. Call David Rafferty, DUI and criminal defense attorney, at 773.837.4493 today. First Offense:An Illinois First Offender DUI for operators 21 or over, at its least severe, is a Class A misdemeanor punishable by up to $2500 in fines and up to 364 days in jail. The first DUI conviction can result in the loss of your license for a minimum of one year. You could also be required to attend Victim Impact Programs, be evaluated and complete any alcohol counseling required, perform community service, or any other requirements made by a Judge.First offenders are eligible for supervision (not a conviction), the legal breath limit is 0.08 for alcohol, and any amount of intoxicating drug or compound in blood. A sentence of court supervision does not appear on your public driving record, nor does it affect your driving privileges. A DUI conviction results in automatic revocation (permanent deprivation) of driving privileges in Illinois. If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked. Statutory Summary Suspension:If you are arrested and found to have a blood alcohol content BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving license will be automatically suspended for three months. This is the STATUTORY SUMMARY SUSPENSION LAW. At the time of arrest, the officer will take your license, and if it is valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the arrest date and will not be terminated until you pay the reinstatement fee and your record is updated. Read more about the statutory summary suspension...
Felony Upgrade:Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur even on a first offense DUI if at the time of the arrest you did not have a valid drivers license or you knew or should have known that the vehicle was not insured. Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; you have committed two or more previous DUIs; or there were serious or fatal injuries. A felony DUI can result in a lengthy prison sentence.Below are some links to help you understand the DUI law in the state of Illinois and the process of defending a DUI charge. While it is important to understand the nature of the offense and the potential sanctions, the most important thing you can do is hire a qualified DUI lawyer. If you need to defend yourself against a DUI charge, call David Rafferty , DUI and criminal defense attorney, at 773.837.4493 today. |
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