Driving Under the Influence is considered a class A misdemeanor- it is a criminal case and it is punishable by jail. These are not just traffic tickets and it is important to keep your record clean. Having an experienced DUI attorney on your side from the beginning is crucial to ensure that the process is fair, that you are able to mount an effective defense and that you are well-informed.

When you submit to blood, breath or urine testing that reveals illegal or unprescribed drugs, or if you have a blood alcohol content exceeding the legal limit, or if you refuse testing, your driving privileges will likely be suspended. The length of the suspension depends on the facts of your case.

A judge generally has nothing to do with your driving privileges. Whether you are able to drive is up the Illinois Secretary of State. If the Secretary of State suspends your license, it will begin on the 46th day after the police issue you proper notice of the suspension. 

In most cases the driver arrested for DUI is eligible for a Monitoring Device Driving Permit (MDDP) that allows him or her to drive during the entire duration of the suspension. However, obtaining the MDDP is a three-step process that takes time, money and the installation of a BAIID (Breath Ignition Interlock Device) in your vehicle. It is important to begin the process as soon as possible to ensure that you have the MDDP when your suspension begins.

In some cases, it is possible to challenge the suspension of your driving privileges. The law provides for situations where an attorney can petition the court to remove the suspension. However, there is a limited time within which the petition may be filed. If a petition to rescind the suspension is not filed before the deadline any challenge to the suspension is waived.

Most people think of fighting their DUI at trial. While this is an option in many cases, there are other ways to win your case, as well.

The Fourth Amendment to the U.S. Constitution prohibits illegal searches and seizures. As a corollary to that rule there is the Exclusionary Rule. The Exclusionary Rule provides that generally a person who is stopped or searched illegally cannot be prosecuted with the evidence obtained as a result.

An experienced DUI attorney can evaluate whether you were pulled over or arrested illegally. In many cases, we are able to bring successful Fourth Amendment challenges that result in the dismissal of charges and removal of the suspension of your driving privileges..

The law requires the government to disclose any evidence against you that it possesses prior to the trial date.

One of the first things that happens in court is that we file a motion for discovery. This is a formal request for evidence. The prosecution is required to turn over any evidence it has related to your case. This might include police reports, witness statements, audio and visual recordings, breath, urine and blood test results and more. The prosecution is even required to tender any evidence in its possession that might show your innocence.

Obtaining this evidence is critical to evaluating your case and preparing for hearings or trial. You will have an opportunity to view all of this evidence with us prior to trial. After we review the evidence together, we will devise a plan of attack.

Harter & Schottland, P.C. are leading and experienced DUI attorneys who have fought hundreds and hundreds of DUI cases just like yours. We maintain a high level of expertise and deliver great results while emphasizing client service. Harter & Schottland, P.C will work with you to keep you informed of what is happening every step of the way while working tirelessly to get you the best result possible. We are proud to offer this high level of service at reasonable fees. Call today to get the service and skillful representation that you deserve.