Criminal law is an area of law that relates to certain conduct that is dangerous to citizens, or damaging to the society. Such conduct is labeled a “crime” and is made punishable by fines, imprisonment, or other sentences. What is deemed as a crime and its corresponding punishment varies by federal, state and local government levels.
Criminal law does not concern itself with disputes between individuals. State and local government jurisdictions, define and prosecute people who commit crimes that range from minor traffic violations to serious, violent offenses like assault, battery and murder. Whereas a criminal case filed in federal court, involves a violation of a federal law or the alleged crime took place on federal property.
In Chicago, operating a vehicle with a BAC or blood-alcohol content of .08 or above is already considered a DUI (driving under the influence) case, which can lead to your arrest. Even if the sobriety test result is under .08, you can still be detained as long as the police officer believes that your driving has been impaired due to intoxication. Even if you have been arrested and taken field sobriety tests and/or a breath, blood, or urine test, many defenses to your case may still exist.
To deal with matters like these, you may need the assistance of a trustworthy Chicago DUI attorney. Make sure you find the right one for your particular situation. You can ask for referrals or use a search engine to find an established law firm or attorney that can help you.
DUI suspects should alert their lawyer of their present situation and the arresting officer must read their rights before the former are processed. However, there are many things that can suddenly go in the police’s favor when the suspect undergoes intense questioning. Often times police questioning leads to favorable evidence for the prosecution. A skilled attorney can mean the difference between this evidence getting barred or admitted into court. Contact an experienced attorneys like Michael Gruszeczki or Dustin Smith to receive a consultation and start your defense.
A DUI arrest results in a suspension of your driving privileges. If the driver submitted to a breathalyzer (breath tests) or blood or urine draws, the Illinois Secretary of State will suspend your license for at least six months. If the driver refused to take these tests, then your license will be suspended for at least a year. However, the experienced Chicago attorneys at Gruszeczki & Smith Law can aggressively challenge these suspensions. Often times, the police arrest people for driving under the influence based on improper vehicle stops. On other occasions, the police lack probable cause to arrest an accused for DUI. Further, sometimes the police don’t administer the tests according to the law or don’t properly warn a motorist about his rights. We will protect your rights and, if appropriate, demand a hearing (called a Statutory Summary Suspension hearing) to defeat these suspensions of your license based on improper policing.