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08Practice Area

DUI/DWI the science is contestable.

Field sobriety, breathalyzer, and chemical-test defense, plus license reinstatement after revocation.

Illinois DUI defense is technical. The State must prove that the defendant was in actual physical control of the vehicle and was under the influence — either by BAC at or above 0.08% or by impairment evidence. Every element is contestable, and every piece of evidence the State relies on was generated by a procedure with rules that the officer must follow.

The Standardized Field Sobriety Tests — Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand — are validated only when administered exactly as the NHTSA manual prescribes. Wrong surface, inadequate instructions, failure to demonstrate, weather conditions, and the defendant's medical history all undermine the evidentiary value of the tests. The firm cross-examines the officer's training and the test administration in detail.

Breath, blood, and urine tests are equally vulnerable. The 20-minute observation period must be documented; the Intoxilyzer must be properly calibrated and certified; the operator must hold a current permit; the blood draw must follow strict chain-of-custody and refrigeration protocols. Mouth alcohol, GERD, ketones, and improperly stored samples all produce false positives. The firm has won DUI cases on each of these issues.

License reinstatement after a DUI revocation is its own proceeding. The Secretary of State requires a formal or informal hearing at which the petitioner proves the underlying problem is resolved, current sobriety is established, and the risk of reoffending is low. The firm prepares the documentation, walks the client through the questioning, and represents them at the hearing.

Common Questions

Frequently asked.

Q01What is the statutory summary suspension?
The statutory summary suspension is an administrative license suspension, separate from the criminal case. The summary suspension generally takes effect on the 46th day after notice is given. A written request for a judicial hearing to rescind it may be made within 90 days after notice is served. The hearing is generally held within 30 days after the request or on the first appearance date, as the statute provides. First-time failed test: 6 months. First-time refusal: 1 year. Second offense: 1 year (failure) or 3 years (refusal).
Q02Are field sobriety tests mandatory?
No. Field sobriety tests are voluntary in Illinois. Refusing them does not trigger an automatic license suspension (only refusal of the chemical test does that). The trade-off is that refusal often leads to arrest, after which the chemical-test question still has to be answered.
Q03Can I get a Monitoring Device Driving Permit (MDDP)?
Yes, for most first-time offenders. An MDDP allows driving anywhere, any time, with a Breath Alcohol Ignition Interlock Device installed in the vehicle. It is available during the statutory summary suspension period for first offenders who are not exempted. The firm handles the MDDP application alongside the underlying DUI defense.
Q04What happens with a second DUI in Illinois?
A second DUI is a Class A misdemeanor with mandatory minimums — 5 days jail or 240 hours community service. It is not eligible for court supervision; conviction is permanent. License revocation is mandatory and reinstatement requires a Secretary of State hearing. A third DUI is a Class 2 felony.
Q05Does a DUI conviction affect my CDL?
Yes — severely. A first major offense generally results in a one-year CDL disqualification, but a first offense while operating a CMV transporting hazardous materials generally carries three years. A second major offense generally results in lifetime disqualification; limited reinstatement may be available after 10 years under the regulation and State procedures. The specific offense and vehicle circumstances matter. There is no MDDP equivalent for CDLs. For a commercial driver, defending the criminal DUI is defending the career.
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