Skokie DUI Defense Lawyer
- You can be charged with driving under the influence in Illinois when you are in "actual physical control" of a vehicle.
- A standard first DUI is a misdemeanor, but other factors can raise the charge to a felony.
- Measures of sobriety like blood alcohol concentration can be challenged in court.
- DUI cases involve both criminal charges and civil license suspensions.
Experienced DUI Defense Attorney Serving Clients in Skokie, Illinois
DUI is one of the most common criminal charges across the United States. People with no criminal history may be shocked at how seriously these cases are prosecuted, even for a first offense. Whether or not this is your first encounter with law enforcement, speaking with a Skokie, Illinois DUI defense attorney after an arrest is highly advisable.
At Komie and Associates, we have decades of experience, with a highly trusted reputation across the state. When you work with our DUI defense lawyer, we will review your case in detail to look for ways to get the charges dropped or even dismissed depending on your circumstances.
Charged with a Crime?
Call Komie and Associates at 312-263-2800 to schedule your consultation — we know exactly how to fight for you.
How Does Illinois Define Driving Under the Influence?
Illinois law defines driving under the influence as operating or being in real physical control of a motor vehicle while impaired by alcohol, drugs, or a combination of both. A person does not need to be actively driving to face charges. Sitting behind the wheel with the keys in the ignition can be enough for an officer to make an arrest, even if the vehicle never moved.
The law covers impairment from alcohol above the legal limit, illegal drugs, prescription medication that affects a person's ability to drive safely, and even cannabis, which remains regulated separately from alcohol under Illinois statute.
An officer in Skokie may rely on field sobriety tests, a breath test, or a blood or urine test to build a case, though each of these methods can be challenged in court. Errors in testing procedure, faulty equipment, or medical conditions unrelated to impairment can all affect the reliability of the results.
How Serious Is a First DUI in Skokie?
A first DUI charge in Illinois is typically classified as a Class A misdemeanor. This classification carries the possibility of up to one year in jail and fines that can reach $2,500, along with court costs and other fees. A conviction can also lead to license suspension, mandatory alcohol or drug evaluation, required treatment programs, and community service.
Beyond the criminal penalties, a DUI conviction can affect employment opportunities, professional licensing, and auto insurance rates for years to come. Even though a first offense is not automatically treated as severe as repeat charges, the consequences remain significant and can follow a person well beyond the courtroom.
An early conversation with a defense attorney can help someone understand the charges against them and the options available before decisions are made that are difficult to undo. Reviewing the arrest details soon after the charge is filed also gives a defense attorney more time to gather evidence while memories, footage, and records are still available.
"I have 100 percent certainty that Stephen Komie will give this case every minute of time and attention it needs in order to bring it to its best possible outcome. The amount of time he spent with my family was beyond my expectations. He truly wanted to get to know us and to answer any and all questions that we had. Just meeting with him for the first time lifted a great burden off of my shoulders. Of course we hired him!"
When Can DUI Be Escalated to Aggravated DUI?
Certain circumstances can elevate a standard DUI charge to aggravated DUI, which is prosecuted as a felony rather than a misdemeanor. Prosecutors and courts in Illinois may pursue aggravated charges when specific factors are present, such as:
- A third or subsequent DUI offense
- A DUI that results in great bodily harm or permanent disability to another person
- Injuring a child passenger under 16 inside the vehicle while driving under the influence
- Driving under the influence without a valid driver's license
- Driving under the influence with no valid insurance policy
- Driving under the influence during a period when the license was already suspended or revoked due to a prior DUI
- A DUI with injury that occurs within a designated school zone while children are present
Aggravated DUI convictions carry penalties well beyond those of a misdemeanor, including extended prison time and steeper fines. These cases involve felony exposure, so the stakes of a strong legal defense increase considerably.
Frequently Asked Questions About DUI in Skokie, Illinois
A first or second DUI offense is generally charged as a Class A misdemeanor. Certain aggravating factors, such as a third offense, an accident causing serious injury, or driving with a suspended license from a prior DUI, can elevate the charge to a felony.
A DUI arrest alone can trigger a statutory summary suspension of driving privileges, separate from any criminal conviction. This suspension can begin automatically after a certain number of days unless a driver requests a hearing to challenge it.
The rising BAC defense asserts that a driver's blood alcohol concentration was below the legal limit while actually driving, but continued to rise afterward due to the body's natural absorption process, resulting in a higher reading by the time testing occurred. Alcohol absorption takes time, so a test taken after driving has stopped may not accurately reflect how drunk or sober a driver was on the road.
Contact a Skokie, IL DUI Defense Attorney
Facing a DUI charge can come with a lot of stress, particularly when a conviction could affect your career, your license, or your life outside of bars. At Komie and Associates, our attorney reviews the details of each arrest to identify weaknesses in the evidence and build a defense suited to the facts at hand. Contact our Skokie, Illinois DUI defense lawyer or call 312-263-2800 to schedule a consultation.
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
Skokie Courthouse
5600 Old Orchard Road Skokie, Illinois 60077
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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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