IN CRIMINAL LAW,
EXPERIENCE GETS RESULTS
Former Prosecutor • Former Judge • Former State’s Attorney
DUI / OWI - Drunk Driving Defense Lawyers - Rock Island, IL | Bettendorf, IA
Decades of DUI Defense Experience to Your Case
Our lawyers have defended people facing drunk driving charges — including DUI, OWI, and DWI. Our job is to resolve your case in the most favorable manner possible.
Our attorneys know the police officers and court procedures. We know the prosecutors and judges who could be involved in your DUI / OWI case. Our office will look at the circumstances surrounding your DUI / OWI arrest and the procedures used by police officers used to arrest you. Remember: A DUI arrest is not the same thing as a conviction.
The consequences of a drunk driving arrest can be considerable, however. A DUI or OWI conviction could result in high fines, increased insurance rates, a criminal conviction on your record, a revoked driver’s license, and even possible jail time. Hiring us will give you the best chance of a not-guilty verdict, outright dismissal, plea agreement, or plea agreement more favorable than a DUI conviction.
Our lawyers are prepared to provide you with the strong DUI / OWI defense representation that you need. With over 100 years of combined courtroom experience, we are equipped to defend clients against all felony and misdemeanor charges. We have former prosecutorial and judiciary experience and know how to challenge all elements of the case the state is building against you. We know how to win and will work tenaciously to help you achieve the best possible outcome.
WE CAN HELP YOU UNDERSTAND:
THE BASICS ABOUT STATUTORY SUMMARY SUSPENSION IN ILLINOIS AND IOWA
The Secretary of State may suspend your driver’s license for a DUI
Because both Illinois and Iowa are implied consent states, your driver’s license will be suspended if you refuse to submit to a breathalyzer or have a blood alcohol content (BAC) above 0.08
This suspension will begin on the 46th day after you are arrested and will last 6 months if you had a BAC above 0.08 and one year if you refused to submit a breath sample
Keeping your driving privileges is one of the most fundamental steps in our DUI / OWI defense strategy
Winning your Statutory Summary Suspension Hearing
One aspect of your Driving Under the Influence case will be the Statutory Summary Suspension of your driver’s license. This suspension will result from either your failure of the chemical test or your refusal to take the test. You are entitled to a hearing to contest your suspension within 30 days of you or your attorney’s filing of the Petition to Rescind Summary Suspension. If the State does not give you a hearing within 30 days after a properly filed petition, then you are entitled to a rescission of that suspension unless a delay of the hearing can be attributed to the defendant.
You may win your suspension at a hearing on the merits of your case. You can prove by a preponderance of the evidence that the officer didn’t make an arrest with reasonable grounds to do so or that you weren’t properly read the implied consent warnings among other mistakes the officer may have made in making a mistake in arresting you or administering the implied consent test.
Hearings are often difficult to win on the merits, however, an experienced DUI attorney may increase your odds of winning the suspension by knowing the State’s obligation to provide you with discovery at your hearing. For instance, the State is required to produce the video of the traffic stop at or before the hearing in your case. If the video is lost or destroyed after you request that the video be produced, the State may be sanctioned by the court and the State may not be allowed to introduce evidence that is captured on the video. The court may also fashion a sanction that the Petitioner (driver) be given an inference that the events captured on the video are favorable to the Petitioner, thereby increasing the Petitioner’s chance of winning.
The recently established rule is that if the State delays the Petitioner’s right to a hearing within 30 days because they have not produced a properly requested video, then the delay is not attributed to the Petitioner, but the delay is attributed to the State and they must bring the Petitioner to a hearing within 30 days or the Petitioner is entitled to a rescission.
An attorney who knows the rules surrounding the Statutory Summary Suspension law and procedure concerning hearings and the discovery can drastically increase your odds of having your suspension taken away. If it is your desire to win your hearing then hiring such an attorney is a must.
WILL MY LICENSE GET SUSPENDED IF I GET A DUI OR OWI CHARGE?
Both Illinois and Iowa are implied consent states. Any driver on a public roadway gives their consent to submit to testing upon the request of law enforcement. Your license will be suspended if you refuse a breathalyzer test or if you fail the test. Hiring a DUI / OWI defense attorney helps ensure the best possible outcome in your case.
HOW LONG WILL MY LICENSE BE SUSPENDED FOR?
If you failed a breathalyzer test, your license will be suspended six months if you have not have a DUI/OWI in the past five years. That penalty will double to one year if you have.
If you refused the test, you will receive a one-year suspension if you have not had a DUI/OWI in the past five years. If you have, the suspension is three years.
HOW DO I GET MY DRIVER'S LICENSE BACK IF IT HAS BEEN SUSPENDED BECAUSE OF A DUI OR OWI?
Your driver’s license is not automatically valid once the suspension period expires. You must contact the Secretary of State and pay a reinstatement fee before the suspension is lifted. We recommend that you pay the fee 30 days before your suspension is set to expire to ensure no overlap between the time your suspension ends and the time that your driver’s license is reinstated.
WHAT IS A DRIVING PERMIT DURING MY SUSPENSION?
First-time DUI/OWI offenders whose driver’s license was suspended are eligible for a driver’s permit. The permit allows the driver to drive anywhere provided that the vehicle driven is equipped with a Breath Alcohol Ignition Interlock Device (BAIID), which requires the driver to submit a breath sample prior to starting their car and will only start the car if the driver has no alcohol in their system.
CAN I FIGHT MY SUSPENSION?
You may file a petition to rescind your driver’s license suspension within 90 days of when you were given notice of the suspension.
WHAT IS THE DIFFERENCE BETWEEN A SUSPENSION AND A REVOCATION?
A driver’s license suspension lasts for a set period of time. A revocation, however, is indefinite. If your driving privileges are revoked, you must appear at a hearing before the Secretary of State’s office and be approved.
DUI / OWI & DRUGS
DUI and OWI laws also apply to people who are under the influence of drugs. If a police officer suspects that you are under the influence drugs while driving — even prescription drugs — you could be arrested for DUI. Remember: An arrest is not a conviction.
Felony Level DUI
It is possible for a DUI/OWI to be charged as a felony. Because of the serious potential consequences of a felony DUI, it is important that a comprehensive defense strategy is created as soon as possible after a DUI/OWI arrest to achieve the best possible outcome.
CDL Drivers and DUI
A CDL driver can have their license suspended even without a DUI conviction because commercial motor vehicle operators have higher standards than non-commercial drivers.
DUI / OWI & Revocation
In addition to any license suspension, your license will be revoked if you are convicted of DUI. A hearing with the Secretary of State is required to get the license unrevoked — though it is possible to get a permit issued, depending on the circumstances.
Free Consultation for DUI / OWI Defense Cases in Illinois and Iowa
If you have been charged with a DUI or OWI, you simply cannot afford to put your future in the hands of an inexperienced DUI / OWI defense lawyer. Contact our Illinois and Iowa criminal defense attorneys to schedule your free consultation regarding your case.