Peoria DUI Attorney

Defending Clients Facing Drunk Driving Charges!

The biggest mistake an individual who has been arrested for drinking and driving can make is to think that they have no way of fighting the charges or reducing the DUI penalties. People often incorrectly assume that evidence against them is overwhelming because they may have stumbled during a field sobriety test, been tested, and found to have a high blood alcohol concentration, or perhaps even admitted to having been drinking before getting behind the wheel.

The truth is that it is always possible to fight for a better outcome in a DUI case. You must remember that you have rights, and our Peoria DUI attorneys at Johnson Law Group can help protect them. Our team has provided unparalleled legal representation for their clients for years and can vigilantly defend you after you are put in cuffs for a DUI.

DUI Matters We Handle in Peoria

• Blood & Breath Tests
• Challenging DUI Evidence
• DUI Accidents
• Driver's License Suspension & Reinstatement
• Multiple DUIs
• DUI FAQ
• DUI Penalties

Contact our firm today by dialing (309) 565-8825.

DUI Laws in Illinois

Illinois law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of:

• 0.08% or higher for drivers 21 and older
• 0.04% or higher for commercial drivers
• Any detectable amount for drivers under 21, under the state’s Zero Tolerance Law

Additionally, driving under the influence of drugs, whether prescription medications, marijuana, or illegal substances, can also lead to DUI charges. A Peoria DUI attorney can evaluate the circumstances of the arrest and build a defense that challenges the prosecution’s case.

Penalties for DUI in Illinois

The penalties for a DUI conviction vary based on the number of prior offenses and the severity of the situation.

First Offense DUI

• Up to one year in jail
• Fines up to $2,500
• Minimum one-year driver’s license suspension
• Mandatory alcohol education or treatment program

Second Offense DUI

• Minimum five-year driver’s license suspension
• Mandatory five days in jail or 240 hours of community service
• Fines up to $2,500

Third Offense DUI

• Three to seven years in prison
• Fines up to $25,000
• Minimum 10-year license suspension

A Peoria DUI defense lawyer can work to reduce or dismiss these penalties, depending on the evidence and legal arguments available.

Aggravating Factors in DUI Cases

Certain factors can increase the severity of a DUI charge, leading to more severe penalties. These include having a BAC of 0.16% or higher, driving with a child passenger under 16, causing an accident resulting in injury or death, driving without a valid license or insurance or having prior DUI convictions.

If any of these aggravating factors are present, a Peoria DUI attorney can challenge the prosecution’s case and negotiate for reduced penalties.

Understanding Illinois Field Sobriety Tests

Field sobriety tests are exercises that police officers request of DUI suspects to confirm or deny the suspicion of intoxication. Contrary to popular belief, field sobriety tests are not mandatory. Suspects can politely refuse to take the field sobriety test without running the risk of additional penalties. Most of the time, it is wisest to decline to take field sobriety tests, as they may be used against you after your arrest. Two different categories of field sobriety tests can be used in a traffic stop.

Aside from understanding these tests, it’s paramount to recognize the nuances of their administration. A field sobriety test's validity often hinges on the administering officer's adherence to proper protocols. If procedural errors occur, the results may be contestable in court, offering potential grounds for defense.

Standardized Tests

These field sobriety tests have been approved and regulated by the National Highway Traffic Safety Administration. The tests have been modified so that they will be more accurate. These tests include the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus test.

This test measures nystagmus, or the jerking of the eyeballs. Often, when individuals are intoxicated, they cannot control their eye movements. The officer will ask you to stand still and keep your head fixed while using your eyes to follow a small object, such as the end of a pen, with your eyes. The NHTSA says this is the most scientific of the three standardized tests used in Illinois.

However, the effectiveness of these tests often depends on external factors such as weather, lighting, and the physical condition of the suspect, which must be considered when challenging the test results. Our attorneys are experienced in evaluating these contextual elements to fortify your defense.

Non-Standardized Tests

While the NHTSA only regulates and approves three tests for police officers to use during a traffic stop, other exercises are commonly used. Police often use a test that requires individuals to stand with their feet together and tip their heads backward. In this test, the police measure a person's ability to balance.

Also, the police will ask a suspect to count the number of fingers the officer raises or recite a portion of the alphabet. Sometimes, police officers also ask a driver to count backward. While these tests seem basic, nervous suspects may answer the questions wrong, even if they are not intoxicated. Nerves can get the better of a driver, causing them to make mistakes.

These tests are less reliable and not uniformly endorsed, making them more susceptible to being challenged in court due to their subjective nature. Our legal team can scrutinize the admissibility of such tests in your defense strategy.

Rhomberg Stationary Balance Test

Some officers also administer the Rhomberg stationary balance test. This test requires suspects to stand with their feet together and head back while holding their arms to the side. Officers also require drivers to close their eyes and bring their fingers to the base of their noses. Another test called the hand pat test requires drivers to extend their hand out in front, palm upwards, and place their other hand on top of the first, palm downwards. The driver must then pat the lower hand with the upper hand while rotating it.

These tests are performed in highly variable conditions and can be inaccurate when used alone. By questioning their reliability and scrutinizing the context of each test, we can develop strategies to counter their perceived validity in court, thus maximizing your defense.

Challenge Any DUI Evidence Against You

When you retain the professional representation of one of our Peoria DUI lawyers, we can begin to collect evidence, reports, and witness statements that the prosecution may have overlooked. In some cases, prosecutors will present inaccurate claims as valid proof, and we have been trained to identify and eliminate all falsifications.

By reviewing the stop that led to your DUI arrest, we can determine whether or not your Fourth Amendment rights against unreasonable searches and seizures were violated. We will not back down and are willing to fight any accusations, even if it means refuting DUI evidence gathered by field sobriety tests and blood and breath tests.

We Will Treat Your Case as if We Were Defending Ourselves

Are you ready to take action and stand up for your rights? Want to protect your driver's license from suspension? There is no better time to act than right now. Whether you are facing a first-time DUI or multiple DUIs, we are here to fight for you. We have been helping clients reach favorable settlements for all of their criminal cases for years and we can certainly help you too.

By choosing our firm, you are selecting a dedicated team that prioritizes your best interests and goes above and beyond to maintain open communication throughout your legal journey. Each client is treated with the utmost respect, ensuring a supportive and reliable defense when you need it most.

Do not hesitate to contact Johnson Law Group by calling (309) 565-8825 to retain our tried and trusted Peoria DUI defense attorneys. You can request your free consultation by submitting our quick and easy online contact form.

Frequently Asked Questions

What Are the Consequences of a DUI Conviction in Illinois?

In Illinois, a DUI conviction can have severe repercussions. For first-time offenders, the penalties typically include fines up to $2,500, a mandatory minimum of 5 days in jail or 240 hours of community service, and a driver's license suspension for at least one year. Second offenses carry heftier penalties, including up to one year in jail, and the potential for vehicle forfeiture. Repeat offenses result in even more severe consequences, highlighting the importance of having a skilled defense team.

How Can a DUI Affect My Insurance Rates?

A DUI conviction can substantially impact your insurance rates in Peoria. Typically, insurance companies view DUI convictions as a sign of high risk, which usually leads to a significant increase in premiums. Depending on the insurance provider, rates could increase by several hundred to thousands of dollars annually. Additionally, a DUI might necessitate an SR-22 certificate as proof of insurance, further complicating insurance matters.

What Should I Do If I Am Pulled Over for a DUI?

If you are pulled over for a suspected DUI in Peoria, remain calm and polite. You are legally obligated to identify yourself and provide your driver's license and registration. Understand that you have the right to refuse field sobriety tests, as they can often be subjective. However, refusal has consequences under Illinois' implied consent laws. After the stop, it's critical to contact a DUI lawyer to help navigate the next steps.

Can I Refuse a Breathalyzer Test?

Under Illinois law, drivers agree to submit to chemical testing by obtaining a driver's license, which includes breathalyzer tests. Refusing to take the test can result in immediate penalties, such as a suspended license. Despite this, there are potential defenses against these charges, which our attorneys can explore based on the circumstances of the refusal and the arrest.

Why Choose Johnson Law Group for DUI Defense?

Choosing the Johnson Law Group for DUI defense means aligning with a team dedicated to personalized legal advocacy. Our approach combines extensive experience and detailed knowledge of Peoria DUI laws with a focus on safeguarding your rights and future. We offer tailored defense strategies, clear communication, and unwavering support throughout the legal process. Our commitment is to offer quality representation aimed at minimizing the impact of DUI charges on your life, making us a reliable ally in legal defense.