DUI Lawyer in Galesburg IL
Protecting Your Rights In a DUI Case | Galesburg IL
Statham & Long is the top law firm in the Galesburg area, committed to defending the rights and interests of individuals who need representation. DUI cases are often far from cut-and-dry, which makes it important that you seek representation before your trial. To learn more about your rights and legal options, click the button below.
Why Do I Need a DUI Lawyer?
If you or a loved one have been arrested for DUI, a skilled attorney will be able to challenge the evidence and, in some cases, have the charges reduced. Some attorneys will quote a low legal fee, but often those are the same attorneys who avoid going to trial and will instead plead their clients guilty.
DUI cases, like all criminal cases, follow a specific set of stages beginning with an arrest and ending with a DUI plea, conviction, or acquittal, and occasionally an appeal. Most DUI cases progress through the same stages as other criminal cases, but there are a few key differences, which is another reason you’ll benefit from having Galesburg’s top DUI attorney at your side.
Can I Fight My DUI?
While many DUIs cases are settled before reaching trial, there are cases where it makes sense to take a case before a judge. In those cases, it is likely the attorney’s assessment that there exists sufficient evidence to overturn the DUI charges.
Usually, DUIs are reduced or dismissed for a few core reasons, which may include a legal defect, a constitutional basis, lack of probable cause, or lack of evidence.
The procedures and equipment used in DUI cases are not always conclusive. The breathalyzer is an imperfect machine and will on occasion be determined faulty; technically speaking, they do not measure alcohol. A successful DUI attorney must be able to evaluate, investigate and expose false results, where the evidence warrants such a finding.
Possible Penalties & Charges For a DUI
A number of different factors play into DUI penalties – the driver’s blood alcohol content (BAC), any prior convictions, and any injuries sustained during the event. In every state, anyone over the age of 21 years old with a blood alcohol content (BAC) of .08% or more, will be charged with a DUI. Those under 21 will receive a DWI charge if any alcohol is found in their system.
For a first offense, penalties can include:
Up to one year in jail
Up to $2,500 in fines
License suspension for a minimum of one year
Mandatory interlock ignition device (IID)
Getting a DUI Reduced or Dismissed
Sometimes there is a legal defect in the case, or what somebody might call a technicality. In other cases, a lawyer may protest based on a constitutional basis. A case may be dismissed if the judge determines the police officer lacked probable cause in making a traffic stop. A roadblock or roadside sobriety checkpoint may have been conducted in an unconstitutional manner.
Reasons DUI Cases are Reduced/Dismissed
Although relatively rare, there are instances where law enforcement may have illegally stopped your vehicle or lacked probable cause to do so.
Another reason for dismissing a DWI is the lack of probable cause for the officer to request a breath test.
Most reasons for getting a DWI dismissed are from successful challenges to the accuracy or validity of the breath or chemical test, which is where a skilled DUI lawyer comes in handy.
Arraignment begins when you first appear in court for your DUI offense. You stand before the judge who will:
Read the charges being brought against you.
Ask if you need an attorney (if you don't already have one).
Ask how you plea to the charges.
If applicable, make alterations to your bail.
Announce future court dates if you decide to plead not guilty.
Statham & Long, LLC
117 E Main St #101, Galesburg, IL 61401