Wheaton, IL DUI Defense Attorney

Trusted DUI Defense Lawyer for Clients in Wheaton

Charges of driving under the influence (DUI) in Illinois can carry lasting penalties ranging from a license suspension to jail time, and those are only the baseline penalties for a first offense. Depending on the exact circumstances, you could be looking at felony penalties for a DUI offense. No matter the case, a Wheaton, Illinois DUI defense attorney can represent you and work to protect your future.

At Komie and Associates, we have experience handling DUI cases and other criminal offenses. Attorney Stephen Komie has been widely recognized for his superb counsel, as he has been rated as a Super Lawyer for over 20 years. He also attended summer sessions at the National College of DUI Defense, which means he is more than qualified to handle cases involving impaired driving.

What Is a DUI in Illinois?

Under state law, it is illegal to drive or to be in actual physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating compound. A driver can be charged with DUI if their blood alcohol concentration is 0.08 percent or higher, but a charge can also apply even if a driver's blood alcohol concentration is under that number, so long as prosecutors believe alcohol or drugs affected the driver's ability to operate the vehicle safely.

A first or second DUI without any aggravating factors is usually charged as a Class A misdemeanor. Even a misdemeanor DUI can carry serious consequences, including jail time, fines, license suspension, and mandatory alcohol education. A conviction can also affect employment, insurance rates, and a person's driving privileges for years to come. At Komie and Associates, we understand how disruptive a DUI charge can be, and we work to build a defense that accounts for every detail of the stop, the testing, and the arrest.

Aggravating Circumstances in a DUI Case

Some DUI cases involve factors that increase the severity of the charge. When certain circumstances are present, a DUI that would otherwise be a misdemeanor can be elevated to a felony, carrying much harsher penalties. Illinois law identifies a long list of aggravating factors, and prosecutors will often look closely at the facts of an arrest to determine whether any of them apply. Some of the most common aggravating factors include:

• A third or subsequent DUI offense, since Illinois has no lookback period limiting how far back prior offenses can be counted
• A blood alcohol concentration of 0.16 percent or higher at the time of the arrest
• An accident that caused great bodily harm, permanent disability, or disfigurement to another person
• Driving under the influence with a passenger under 16 years old in the vehicle
• Driving on a suspended or revoked license at the time of the arrest
• Driving without a valid license or insurance while impaired

When any of these factors apply, a DUI charge can shift from a misdemeanor into a felony, sometimes reaching as high as a Class X felony depending on the circumstances. Because these factors can carry mandatory prison time, an early and thorough review of the case is important to determine whether the state can actually prove that an aggravating factor applies.

How Field Sobriety Tests Affect DUI Charges

Field sobriety tests are often one of the first pieces of evidence an officer uses to justify a DUI arrest. These tests, such as the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test, are meant to measure balance, coordination, and eye movement. However, these tests are not always a reliable indicator of impairment. Poor lighting, unsteady pavement, medical conditions, fatigue, footwear, and even nervousness can all affect a driver's performance.

Officers must also administer these tests correctly and follow specific instructions for scoring them. If an officer failed to follow proper procedure, or if the conditions at the scene made the test unreliable, that evidence can be challenged. A skilled defense attorney can review police reports, dashcam footage, and body camera footage to determine whether the field sobriety tests were conducted fairly and whether the results should be trusted.

What Are the Penalties for DUI?

The penalties for a DUI conviction in Illinois depend on the classification of the charge. A standard first-offense DUI, charged as a Class A misdemeanor, can result in up to one year in jail, fines of up to $2,500, license suspension, and mandatory alcohol treatment. When aggravating factors apply, the penalties increase substantially. A felony DUI can carry a prison sentence ranging from one to thirty years, depending on the class of felony, along with steep fines, lifetime license revocation in some cases, and a permanent mark on a criminal record.

Beyond the criminal penalties, a DUI conviction can affect a person's job, housing options, and reputation long after the case is resolved. Because so much is at stake, anyone facing a DUI charge should speak with an attorney before making any statements to law enforcement or prosecutors.

Frequently Asked Questions About DUI Charges in Wheaton

Meet With a Wheaton, Illinois DUI Defense Lawyer

DUI charges can have a real effect on your future. Contact our Wheaton, IL DUI defense attorney or call 312-263-2800 to set up a consultation today.