Driving Under the Influence

Joel Murphy Law

Driving Under the Influence (DUI)

Have you been arrested and Charged with DUI? While this is certainly a stressful and terrifying thing to deal with, your fear of the unknown is likely worse than reality. I will put you at ease with my experience and confidence by guiding you through every step of the process for the most favorable outcome.

When you were arrested, two separate cases began against you. The first is a civil case and is called a Statutory Summary Suspension. This is based on the “implied consent” law in Illinois. When arrested for DUI, you will be asked to submit to a chemical test, whether blood, breath, urine, or all of the above. If you submit to any of these tests and it discloses a breath or blood alcohol concentration of .08 or above, or if there are certain amounts of controlled substances in your system, your driver’s license will be suspended for a period of time that depends on many circumstances. If you refuse to submit to any of these tests, your driver’s license will be suspended for a longer period of time. While I personally believe that no person should be a witness against themselves or submit to these tests, call me to discuss the ways to challenge that suspension and how to deal with the potential loss of your driving privileges, including how to get a permit to drive.

The other part is the criminal case. If you are charged with a misdemeanor, you are faced with a maximum penalty of up to one year in the County jail, $2500 in fines, and the revocation of your driver’s license. If charged with a felony, you could be facing prison time in the Illinois Department of Corrections. The burden of proof, however, is on the State. They must prove your guilt beyond a reasonable doubt, the highest standard in our system. Proving your guilt is not as easy as thought. It is not enough to prove that you consumed alcohol and drove, rather, the State must prove that you were legally impaired by the alcohol consumed. I have been successful in attaining not guilty findings for hundreds of clients, as well as having numerous charges dismissed pursuant to motions prior to even getting to trial.
Call me to discuss how to challenge these charges and what to do about your ability to drive and retain your freedom.

Contact Joel Murphy Law

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