Litigator of the Year 2019
Nation's Top One Percent
Newsweek 14 Best Criminal Defense Attorneys

The potential consequences of a DUI will depend on the subjective facts and circumstances of every case. The court typically looks at a variety of factors surrounding the DUI arrest. These factors include:

  • Whether the driver charged with a DUI was transporting a child under 16 years of age.
  • The age of the driver charged with the DUI.

In recent decades, as the use of and reliance on Internet communications has increased, so has the potential for misuse of the Internet. The Federal Bureau of Investigation (FBI) reports that it receives an estimated 300,000 complaints of internet crimes on an annual basis. Illinois has responded to the increase in cybercrime by establishing the High Tech Crimes and Internet Safety division of the state Attorney General’s Office. This division is solely devoted to investigating and pursuing potential Internet offenders in Illinois, and criminal defense attorneys must regularly go head to head with prosecutors from this division.

Though Internet crimes do occur on a regular basis, there is also a very high possibility of wrongful accusations and convictions for Internet crimes. Online users may hide behind anonymous screen names and personas, and can successfully pretend to be someone completely different than their true identities. Additionally, many Internet offenders are extremely tech savvy and know how to mislead authorities using false IP addresses and adequately covering their actual tracks. For this reason, correctly identifying the right offender behind Internet crimes can be challenging for law enforcement officers. The investigators of high tech  crimes in Illinois can be aggressive in tracking down Internet offenders and may easily misidentify and accuse innocent people of such criminal offenses.

Common Internet Crimes

There are many drivers who wonder whether or not it will hurt their Chicago DUI case if the DMV hearing is continued. The simple answer is that it will not hurt you, in fact, that extra time gives your DUI attorney the chance to subpoena the video and audio from the arrest, subpoena the arresting officer who will be providing testimony at that hearing, and decide upon the best defense for your unique situation.

When you have been arrested for suspicion of drunk-driving or driving under the influence, it is imperative to call the DMV office to schedule the DMV hearing within ten (10) days of your arrest.

The DMV Hearing

Perhaps you are visiting the great state of Illinois and you get pulled over and arrested for driving under the influence. There are many out-of-state drivers who think that just because they are not in their home state, this will be nothing more than a traffic violation or a slap on the wrist.

What really happens when I am an out-of-state resident and I get a Chicago DUI? The answer might surprise you.

Similar Charges Across the Country

It’s your worst nightmare. You’ve been drinking, and the cops pull you over. You hand them your license and registration, and they want to know if you are intoxicated. If that officer thinks that you are under the influence of drugs or alcohol, you need to know what to do to protect yourself. Fortunately, you are not required by law to give them a response to their inquiries. Never tell them anything. All that information can be used to help prove your guilt. Here are some other tips to help you get through a traffic stop for a suspected DUI.

1. Don’t Speak

Officers tend to ask interrogating questions to get you to tell them what they need. Your blood level may not be past the legal limit, but your nerves can make you slur or stumble over your words. In Chicago, the officer cannot arrest you for sitting in silence. Silence is often the best answer as the officer cannot testify that you slurred your words at the traffic stop. You will not be charged with refusing to speak or answer interrogating questions from the police.

When you receive a DUI charge in Chicago, the court may set an arraignment date in the future. The court will order you appear at the arraignment date. You may wonder what happens if you don’t go to your Chicago DUI arraignment. Here’s what you can expect if you choose not to appear at your Chicago DUI arraignment:

The court may re-notice the arraignment

If you’re lucky, the court gives you the benefit of the doubt, and they send out another notice for a second arraignment date. The notice goes to the address that you give law enforcement at the time of your arrest. If the address isn’t valid, you may not receive this notice.

A former basketball player for the Chicago Bulls and Temple University made recent headlines when he was indicted on several serious criminal charges in Lake County court. Allegedly, the former pro had been refused any subsequent massages from the massage therapist at a fitness center due to inappropriate behavior. Instead of respecting the request that he not return, he booked an appointment using a false name—that of NBA superstar Patrick Ewing. Following his appointment, the massage therapist called the police and all of the charges stem from that incident.

The following is a brief overview of the charges issued under Illinois law:

  • Attempted criminal sexual assault—Criminal sexual assault is sexual penetration that involves either the force or threat of force, or a victim who is unable to give consent or to understand the nature of what is happening. Criminal sexual assault is a Class 1 felony, therefore attempt of this offense is charged as a Class 2 felony, which means up to seven years in prison.

Illinois law sets out numerous criminal offenses for which you may be charged in criminal court if you are suspected of breaking the law. Some charges can be extremely serious and can put your life-long liberty at stake. Others, in comparison, may seem like a mere slap on the wrist. Additionally, there are many charges in between these two extremes that can mean fines, probation, jail time, and other consequences. No matter what type of charge you are facing, you should always consult with an experienced Chicago criminal defense attorney for assistance with your case.


Misdemeanors are the less serious class of criminal offenses, and a wide range of criminal activity may lead to misdemeanor charges. Misdemeanors are further divided as follows:

Earlier this year, Illinois joined several other states in the ountry that ban the use of hand-held cellphones for all drivers. While many people may think that the law is overly prohibitive, distracted driving is a serious issue and is responsible for thousands of accidents and injuries each year. Regardless of the merits or efficacy of the measure, the fact is that it is the law, and people who violate it can face significant fines and other penalties if they are caught, particularly if there is an accident or injuries involved with the violation. Fortunately, there are ways that a Chicago criminal defense lawyer can defend against cell phone ticket violations, and in some cases may be able to have the case against you dropped.

The Illinois Cell Phone Statute

The law prohibiting the use of cell phones and other electronic devices by drivers is found in 625 ILCS 5/12-610.2, which prohibits drivers from using an “electronic communication device” while operating a motor vehicle on a roadway. Under the law, “electronic communications devices” can include cell phones, personal digital assistants (PDAs), or a portable mobile computer, as well as other devices. The law does not apply to navigation systems that are integrated into a vehicle. In addition to using a cell phone or other device to communicate, the law prohibits the composing, reading, and sending of text messages as well. Currently, the only way a driver in Illinois may permissibly use a personal electronic device is if it has hands-free capabilities, such as a speakerphone function, Bluetooth integration with the vehicle’s sound system, or a hands-free headset. The fines associated with violating the law are as follows:

Successfully defending a DUI case in Chicago begins with getting a skilled attorney on your side who specializes in these cases. Stick with a law firm that has a dedicated DUI attorney, one who understands the complexities of these type cases and will be in the best position to cast doubt on the evidence presented by the state against you.

These are a few of the things your Chicago DUI attorney will do to successfully defend your case;

Interpreting the Police Dash Cam Video

Contact Information