Glen Ellyn, Illinois DUI Defense Lawyer

Trusted DUI Defense Attorney for Clients in Glen Ellyn, IL

A drunk driving offense should be taken seriously regardless of whether or not you have a prior record. If convicted, you could lose your driving privileges and even be sentenced to jail. To protect your future, consider reaching out to a Glen Ellyn DUI defense attorney who can advise you of what to do.

At Moretti Law, P.C., we have successfully handled many DUI cases, as many of our clients have spoken highly of our defense strategies in testimonials. Attorney Emilio Moretti is a solo practitioner, so you can take comfort in knowing that your case will get the care and attention that it deserves.

What to Expect From a First DUI

A first DUI in Illinois is often charged as a Class A misdemeanor. That is the most serious type of misdemeanor under state law. A conviction can lead to up to 364 days in jail and fines of up to $2,500. The court may also order alcohol education, treatment, community service, and other conditions. In addition to criminal penalties, a DUI conviction entails a one-year minimum loss of driving privileges.

Many first-time offenders are surprised to learn how disruptive a DUI charge can be. Even without jail time, the process can affect work, family responsibilities, insurance costs, and professional opportunities.

That said, a first DUI does not always end in the harshest possible outcome. Problems with the stop, the officer's investigation, or the testing process can all affect how a case should be handled.

When Can You Be Charged With DUI in Illinois?

A person can be charged with DUI in Illinois in more than one way. One common basis is having a blood alcohol concentration of 0.08 percent or higher. If police obtain a breath or blood test showing a BAC at or above that limit, prosecutors may use that result to support the charge. However, a DUI case is not limited to alcohol.

A driver may also be charged if alcohol, drugs, or a combination of substances allegedly impaired his or her ability to drive safely. This can include illegal drugs, cannabis, prescription medication, or even over-the-counter medicine in some situations. In other words, a person does not need to be falling down drunk to face a DUI arrest.

Police and prosecutors often rely on several forms of evidence. They may point to the officer's observations, field sobriety testing, statements made during the stop, chemical test results, or the way the vehicle was being driven.

Reasonable Suspicion in DUI Traffic Stops

Before police can stop a vehicle, they generally need reasonable suspicion that a traffic violation or other offense has occurred. Reasonable suspicion is a lower standard than proof beyond a reasonable doubt, but it is not just a guess. An officer should be able to point to specific facts that justified the stop.

In DUI cases, police may claim that a driver was speeding, weaving, drifting between lanes, braking strangely, or disregarding traffic signs. Sometimes the stated reason for the stop has little to do with actual impairment. That matters because the legality of the stop can affect everything that comes after it.

If the officer did not have a valid legal basis to pull the driver over, the defense may be able to challenge the stop and seek to exclude evidence gathered afterward. That can include observations, test results, and statements. Reviewing the basis for the stop is often one of the first and most important steps in building a DUI defense.

Contact a Glen Ellyn DUI Defense Attorney Today

The sooner you respond to a DUI charge, the more options you may have. At Moretti Law, P.C., we will stand with you through each stage of the case. Call 312-861-1084 or contact our Glen Ellyn, Illinois DUI defense lawyer to schedule a free consultation.