Wheaton, Illinois DUI Defense Attorneys

DuPage County Criminal Defense Lawyers

Police officers are on the lookout for intoxicated drivers. Every year, there are thousand of DUI arrests statewide. Illinois has a very tough DUI law, and in some circumstances, criminal penalties are assessed against drivers with a .05 BAC, which is the equivalent of consuming two or three drinks for most people.

At the Law Offices of Salvatore C. Miglore & Associates, we aggressively represent you in every phase of a DUI prosecution, beginning at the license suspension hearing. We are also with you through any pretrial hearing, during plea negotiations with the prosecutor, and, if necessary, a trial before a jury. We understand the direct and indirect consequences in a DUI case and work hard to minimize or eliminate those consequences.

The majority of DUI arrests begin with a traffic stop. If the officer suspects you may be intoxicated due to your behavior on the road or after the stop, you may be asked to perform some field sobriety tests. If the officer still suspects intoxication, which is nearly always the case, you may be asked to submit to a breath or blood test.

Illinois is an implied consent state. Whether you knew it or not, you gave your consent to a chemical DUI test when you obtained your drivers' license. However, a peace officer cannot force you to blow into a breathalyzer or submit to a blood test. If you refuse, and it is your first offense, your license may be suspended for up to 12 months. If you take the test and fail it, the maximum suspension is six months. In either case, after the 31st day, you may drive a vehicle equipped with an ignition interlock device.

Before the state can suspend your license, there must be an administrative hearing. The hearing officer, who is not a judge and probably not even an attorney, must determine that the officer had probable cause to arrest you for DUI and that you received all the proper warnings. 

Next, as with other criminal law matters, the case moves to a courtroom. A first-time DUI is a Class A Misdemeanor. Enhancements may apply if your BAC was above .16, there was a minor under 16 in the car, the driver was under 21, or there was an accident. There are some other penalties as well; for example, your vehicle's registration is suspended and you must carry high-risk auto insurance for three years. An attorney can negotiate with the prosecutor to receive a reduced sentence and, in some jurisdictions, a reduced charge. If the case goes to trial, the prosecutor must prove every element of the offense beyond a reasonable doubt. If any evidence was illegally obtained, the judge may exclude it, which means it cannot be used against you.

A DUI charge means big trouble, but not necessarily harsh punishment. For a free consultation with a Wheaton DUI defense lawyer, contact the Law Offices of Salvatore C. Miglore & Associates at (630) 933-8400. We regularly handle criminal matters in DuPage, Will, Kendall, Lake, McHenry, DeKalb, Cook and Kane Counties.