Beverly DUI Defense Lawyers
- A DUI arrest can lead to criminal charges and a separate suspension of your driver's license.
- First and second DUI offenses are usually misdemeanors. Prior convictions, serious injuries, or deaths can lead to felony charges.
- Problems with a traffic stop, chemical testing, or the law used to charge you may provide grounds to challenge your case.
DUI Defense Attorneys Representing Drivers Arrested in Cook County, Illinois
A DUI arrest can put your driving privileges, employment, and reputation at risk. You may face license suspension before your criminal case is resolved. However, an arrest does not mean prosecutors can prove you were driving under the influence. Even a breath test result can be challenged when police fail to follow the law.
Attorney Stephen M. Komie has extensive experience representing clients at trial and on appeal. He has also received recognition from Super Lawyers for his work in criminal defense. At Komie and Associates, we use that experience to challenge DUI charges, examine police procedures, and protect clients' rights throughout Beverly and Cook County.
Charged with a Crime?
Call Komie and Associates at 312-263-2800 to schedule your consultation — we know exactly how to fight for you.
Understanding Illinois DUI Charges and Penalties
Illinois law prohibits driving or being in actual physical control of a vehicle with a blood alcohol concentration of 0.08 or higher. You can also face charges if alcohol or drugs impair your ability to drive safely, even when your alcohol level is below 0.08.
A first or second DUI is usually a Class A misdemeanor. Penalties can include up to 364 days in jail and a $2,500 fine. A DUI conviction also results in driver's license revocation.
License Suspension After an Illinois DUI Arrest
A DUI arrest typically involves two separate proceedings. The criminal case determines whether you are guilty. A separate statutory summary suspension affects your driving privileges.
If you refuse chemical testing or fail a qualifying test, your license may be suspended. The suspension takes effect on the 46th day after you receive notice. For first offenders, failing a test usually results in a six-month suspension. Refusing testing usually results in a 12-month suspension.
You can challenge the suspension by filing a petition to rescind it. The petition must usually be filed within 90 days after notice. However, filing does not stop the suspension from taking effect. Our attorneys examine whether officers followed the required procedures and whether the suspension can be challenged.
Felony DUI and Aggravated DUI Charges in Illinois
Certain DUI offenses are felonies in Illinois. A third or fourth DUI is a Class 2 felony, although probation is usually unavailable for a fourth offense. A fifth DUI is a Class 1 felony, while a sixth or later offense is a Class X felony.
A DUI that causes serious injuries or death can also lead to felony charges, including reckless homicide. An aggravated DUI involving one death typically carries three to 14 years in prison. These serious state crimes require strong evidence. Our firm reviews accident reports, medical records, and test results to challenge the prosecution's case.
"Stephen Komie and Eric Andersen and the entire firm are outstanding lawyers and people. They handled my DUI case which was looking to be a potential felony with jail time and were able to reduce it to a misdemeanor with two years probation. Steven and Eric know their way around the Cook County criminal court rooms and provided me the care and compassion needed to get me the best possible result for my case..."
Defenses Against DUI Charges in Beverly, Illinois
Defending against a DUI charge starts with reviewing why police stopped your vehicle and how they gathered evidence. Officers must have a lawful reason for the stop, and chemical testing must follow legal requirements.
Potential issues include:
- Traffic stops without reasonable suspicion
- Field sobriety tests affected by poor conditions
- Medical problems affecting test performance
- Breath testing equipment or procedure errors
- Improper collection or handling of blood samples
In Illinois, an officer must observe you for at least 20 minutes before giving you a breath test. During this time, the officer must make sure you do not eat, drink, smoke, vomit, or put anything in your mouth. These activities can affect the test results. Officers must also follow other testing rules to help ensure the results are accurate.
Hospital blood tests may use different testing methods than forensic laboratories. Our attorneys review the results and determine whether prosecutors have reliable evidence of impairment.
Appealing an Illinois DUI Conviction
You may appeal a DUI conviction if legal errors affected your case. These include improper evidence, incorrect jury instructions, or charges under an invalid law. Appeals usually must be filed within 30 days, although some motions can extend that deadline. Attorney Komie has experience appealing criminal convictions and challenging legal errors.
Frequently Asked Questions About DUI Charges in Beverly
Yes. Illinois allows DUI charges when alcohol or drugs impair your ability to drive safely, even if your breath test is below 0.08. Prosecutors may rely on officer observations, field sobriety tests, and recordings. An attorney can challenge whether this evidence proves impairment.
A prior DUI or DWI conviction from another state may count against you in Illinois if the offense meets the state's legal requirements. This can increase the penalties for a new DUI and may result in felony charges.
Yes. An appeal may be possible when a legal mistake affected your conviction or sentence. Examples include improper jury instructions or evidence admitted in violation of the law. The deadline is usually 30 days, subject to certain procedural rules.
Contact Our Beverly DUI Defense Attorneys Today
Building a strong DUI defense starts with understanding what happened during your arrest and identifying weaknesses in the prosecution's case. At Komie and Associates, we carefully review the evidence, challenge improper police procedures, and represent clients at trial or on appeal.
Contact our Beverly, IL DUI defense lawyers or call 312-263-2800 to schedule a consultation and discuss your legal options.
Stephen Komie is battle-tested in the courtroom and has spent over 40 years fighting for clients facing serious criminal charges.
- 40+ years representing clients in state, federal & international trials
- Argued 5 cases before the Illinois Supreme Court
- Top 100 Trial Lawyer (National Trial Lawyers & American Trial Lawyers Association)
- Author of the Attorney's Bill of Rights, adopted by the Illinois Supreme Court
- Admitted to practice before the U.S. Supreme Court
- Founder, Komie and Associates
Practice Areas
Cook County Circuit Court
2650 S California Ave #526 Chicago, IL 60608
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From our office in Chicago, Illinois we serve clients throughout the state including but not limited to Joliet, Bridgeview, Wheaton, Rolling Meadows, Lombard, Skokie, Morris, Ottawa, Princeton, Cambridge, Waukegan, LaSalle, Bureau, Peoria, Bloomington, Rockford, Quincy, Macomb, McHenry, Springfield, Rock Island, East St. Louis, Belleville, Elizabethtown, Cook County, Winnebago County, Kane County, Lake County, DuPage County, Jo Daviess County and Northeast Illinois.
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