DUI Lawyer Bloomington IL
If you were charged with driving under the influence of drugs or alcohol (DUI), contact a DUI Lawyer Bloomington IL immediately.
Selecting The Best DUI Lawyer Bloomington IL Will Make A Big Difference In Your Case
If you were charged with DUI, Koth Gregory & Nieminski (KGN) can protect your rights. We have significant experience reducing or dismissing the charges and consequences of a DUI.
Our lead DUI Lawyer Bloomington IL is William Gregory. Mr. Gregory is one of the best lawyers in McLean County. He has three decades of experience defending clients charged with a DUI. Mr. Gregory is a former prosecutor so he knows the arguments the other side will make and uses that experience to your advantage.
In addition to Mr. Gregory’s unique and extensive experience, many clients have chosen Mr. Gregory as their DUI Lawyer Bloomington IL because of the number of satisfied clients KGN has served and our convenient appointment scheduling.
1. Client Satisfaction. 80+ years combined experience. See Google Reviews/Testimonials.
2. Convenient Appointments. Office, zoom, or phone.
3. Attorney Fees. $300 initial consultation fee. Retainer fee discussed at the initial consult. You can meet with our lead DUI Lawyer Bloomington IL by scheduling an appointment directly through our online calendar.
Ways To Reduce Or Dismiss The Charges And Consequences Of A DUI
There are several ways a good DUI Lawyer Bloomington IL can minimize the charges and consequences of a DUI.
No Reasonable Suspicion
Illinois law requires the police to have reasonable suspicion that a crime has been committed before pulling someone over. To convict someone of a DUI, the prosecutor must first prove that the police officer had reasonable suspicion to make the traffic stop. So if you did not break any traffic laws, swerve, or do anything suspicious, then the police may have pulled you over improperly and the resulting evidence they discover may be inadmissible. An experienced DUI Lawyer Bloomington IL can often get evidence thrown out if it is inadmissible because it was obtained after an improper stop.
No Probable Cause
If the police charged you with a DUI based on something they found in your car after conducting a search of your vehicle, then the prosecutor must also prove that the police officer had probable cause to search the car. Similar to the traffic stop reasonable suspicion standard described above, this probable cause requirement gives a DUI Lawyer Bloomington IL the opportunity to argue that any evidence found during the search is inadmissible, and thus should be thrown out.
Inaccurate Breathalyzer Test
A DUI Lawyer Bloomington IL can analyze the breathalyzer results, the testing device, the timing of the test, and question the police officer who made the arrest to determine whether there is a possibility that the test procedure an inaccurate result.
Missing Evidence
If the video camera did not capture the events leading up to the traffic stop and the entire stop itself, this may also give your DUI Lawyer Bloomington IL an opportunity to raise defenses that cast doubt on the charges against you.
The best DUI lawyers in McLean County know how to gather and analyze the evidence to formulate a solid defense for your case.
Sometimes the evidence is very strong and even the most experienced DUI lawyer Bloomington IL cannot build a sufficient defense. However, this does not mean there is nothing you or your lawyer can do. It just means the strategy needs to change.
What To Do When You Know You Made A Mistake And The Evidence Against You Is Strong
If you committed the offense and the evidence against you is strong, your DUI lawyer Bloomington IL should inform you of the problems with your case and recommend a plea deal. Prosecutors are sometimes willing to reduce the charges if the defendant is willing to plead guilty to the lesser offense without going to trial.
First DUI Charge? – A DUI Lawyer Bloomington IL Can Help
Coping with a DUI charge can be very stressful. However, if this is your first time being accused of a DUI, the consequences are much less severe than if you are a repeat offender. It is also helpful if you have never been accused of any prior criminal offense. Prosecutors are often more willing to negotiate a plea deal with a person with no prior offenses. Even if you drove while under the influence and the prosecutor has an air tight case against you, a DUI lawyer Bloomington IL can often minimize the consequences for you.
For example, a DUI lawyer Bloomington IL can emphasize your clean record, your remorse for the mistake, and your need to keep your driving privileges to maintain your status as a contributing member to society. Perhaps you need to be able to drive to work or school, pick up your kids from school, or help an elderly parent. Your DUI lawyer Bloomington IL can tell your story in a way that may convince the prosecutor to agree to a plea deal or the court to impose less severe penalties.
Potential Consequences Of A DUI Conviction In Illinois
According to Illinois state law, drunk driving or driving under the influence is a major criminal offense with tough penalties, which can include jail time, driving limitations, total loss of driving privileges, and/or significant fines.
The experience of a local and knowledgeable DUI Lawyer Bloomington IL is critical to protect your interests. Following a conviction, or even if the court grants supervision, a DUI offense can permanently remain on your driving record. For motorists who receive more than one conviction for DUI, the penalties get more and more severe.
First Offense
A first DUI conviction in Illinois is a Class A misdemeanor. Along with a statutory summary suspension, driving privileges are revoked for a minimum of one year or for at least two years if the motorist is under age 21. First time offenses also result in suspension of vehicle registration. Your DUI Lawyer Bloomington IL can help you get privileges allowing you to get to and from work or your child’s school for drop off/pick up.
Second Offense
Like a first offense, the second is also a Class A misdemeanor, but it’s also punishable by a minimum of five days in jail or 240 community service hours along with suspension of vehicle registration.
If a motorist commits a second DUI offense within 20 years, it results in loss of driving privileges for a minimum of five years. If within five years, punishment includes five days jail time or 30 days of community service, plus fines up to $2,500 and a jail sentence of up to one year.
Third Offense
Is an aggravated DUI and a Class 4 felony which results in the loss of driving privileges for at least ten years, potential jail time of one to three years and fines as high as $25,000.
Fourth Offense
Is an aggravated DUI and a Class 2 felony that carries minimum jail time of three years and a maximum of seven years. Driving privileges are revoked for life along with suspension of vehicle registration.
Fifth Offense
Is an aggravated DUI and a Class 1 felony that carries a minimum jail term of four years and a maximum of 15 years. Lifetime loss of driving privileges and suspension of vehicle registration.
Sixth Offense
Is an aggravated DUI and a Class X felony with a mandatory minimum of six years in jail. Jail time can be as high as 60 years. Driving privileges are revoked for life along with suspension of vehicle registration.
**Additional penalties are involved for those convicted of DUI as part of a car crash, if someone is injured, or if a child under the age of 16 is in the vehicle at the time of the offense.** DUI laws in Illinois also subject motorists to high-risk vehicle insurance premiums which can increase annually by approximately $1,500. Before driving privileges are restored, alcohol and drug evaluation is required along with successful completion of alcohol or drug education programs.
The consequences for this type of offense show just how important it is to contact a top DUI Lawyer Bloomington IL immediately if you’ve been pulled over for this offense.
Click here to schedule a consultation with lead DUI attorney William Gregory at Koth Gregory & Nieminski.
How To Proceed If You Are Pulled Over For A DUI In Illinois – DUI Lawyer Bloomington IL
In the unfortunate event you are pulled over by law enforcement on suspicion of a DUI, the authorities typically may not allow you to contact your DUI Lawyer Bloomington IL until after you have taken or refused chemical testing. Police are required to provide a Miranda warning only if they question you. However, they may give you a breathalyzer test without giving you a Miranda warning.
The police officer will probably request information about what you were doing before you were pulled over regarding any alcohol or drug consumption. You should politely refuse to answer questions until you can speak with your lawyer. This is mainly because any information you provide may make the DUI charges against you tougher to defend for your DUI Lawyer Bloomington IL.
If you have been in an accident, the only information that you are required to give the police is your driver license and vehicle information. Again – call your DUI Lawyer Bloomington IL as soon as you are able.
Breathalyzer Testing – DUI Lawyer Bloomington IL
This issue is a tricky one. It depends on each motorist’s particular situation. The state’s summary suspension law declares that refusal of chemical testing carries a minimum penalty of driver license suspension for one year.
If you think your BAC will be below .08, it will benefit you to take the breathalyzer test to prove your innocence.
First time offenders who do take the test may instead see their license suspended for six months if the test reveals a BAC of 0.08 or higher. In some cases, the court may grant court supervision to first time DUI offenders.
However, some McLean County judges are not likely to give court supervision when the motorist’s BAC is higher than .20. If at all possible, talk to your DUI Lawyer Bloomington IL before deciding whether to agree to chemical testing. In the event you cannot reach your DUI Lawyer Bloomington IL it is suggested that you decline testing if you are not a first-time offender and have been involved in a crash that results in death or injury. Also decline if it’s likely your BAC will be 0.20 or greater.
Click here to schedule a consultation with Koth Gregory & Nieminski’s most experienced DUI Lawyer Bloomington IL.
Field Sobriety Test – DUI Lawyer Bloomington IL
If a police office stops your vehicle and asks you to get out of the car to do a field sobriety test, it is best to politely decline. These tests can easily be failed by someone who is stone cold sober. Any indication of impaired balance, coordination, etc. will be picked up by these tests and used against you to prove you were under the influence, even if you were under the legal limit.
Facts about Driving Under the Influence – DUI Lawyer Bloomington IL
According to the law in Illinois, the definition of “driving under the influence” is operating a motor vehicle while impaired by alcohol, drugs (including marijuana for medical use), intoxicating compounds, or methamphetamines. In Illinois, motorists are legally viewed as impaired if they have a blood alcohol content (BAC) of at least .08, a cannabis concentration of five nanograms or higher per milliliter of blood, test for other controlled substances, or if impaired by medications.
A motorist’s blood alcohol content is based upon the ratio of alcohol to blood or breath. A motorist with a BAC between .05 and .08 can be convicted of DUI if evidence shows impairment. The influence of alcohol is established by the amount of alcohol that has been consumed and the rate at which it is processed by the body.
Some other factors may include gender, weight, frame of mind, surroundings, and amount of food consumed. Talk with an experienced DUI Lawyer Bloomington IL for more information about blood alcohol testing.
DUI statistics in Illinois show:
-75 percent arrested for the offense are males.
-57 percent are under age 35.
-Peak time for arrests tends to be between 11 p.m. and 4 a.m. on weekends.
-On average, motorists pulled over for DUI have a BAC of .16, which is double the illegal limit.
Click here to schedule a consultation with Koth Gregory & Nieminski’s most experienced DUI Lawyer Bloomington IL.
