An Aggressive Chicago DUI Defense Attorney

If you have been arrested for a DUI, you do not have to handle it all alone. It is important to speak with an experienced criminal defense attorney. Attorney Richard Fenbert founded his Chicago criminal defense firm to help protect the rights of his clients throughout Cook, DuPage, Lake, Will and the surrounding counties.

At Fenbert & Associates, he helps his clients protect their driving privileges and minimize the negative consequences of DUI charges.

Comprehensive DUI And Criminal Defense For Alcohol-Related Charges

Attorney Fenbert has extensive experience in all types of DUI and alcohol-related cases. He represents clients who have been charged with the following:

• Misdemeanor DUI
• Felony DUI or aggravated DUI
• DUI with a BAC of .16% or higher
• DUI while transporting a child under age 16
• DUI in a school zone
• Driving under the influence of prescription drugs
• Driving under the influence of intoxicating compounds
• Public intoxication
• Underage DUI
• Minor in possession of alcohol
• Supplying alcohol to minors
• Selling alcohol to minors
• Reckless homicide or vehicular manslaughter

With DUI charges, it is important to understand what is at stake. The penalties for a first-time DUI conviction are severe, and the penalties increase with subsequent DUI convictions.

Illinois-Specific DUI Penalties And Collateral Consequences

Illinois treats driving under the influence with extreme severity. For a first-time conviction, you face a Class A misdemeanor, which carries up to one year in jail and fines reaching $2,500. However, the legal penalties are often just the beginning.

The collateral consequences of a DUI conviction can haunt your professional and financial life for years:

• License reinstatement process: A conviction results in an indefinite revocation. To get your license back, you must attend a formal or informal hearing with the Secretary of State and prove you are not a risk to public safety.
• Ignition interlock rules: Most offenders must install a Breath Alcohol Ignition Interlock Device (BAIID) to maintain any driving privileges during a suspension.
• SR-22 insurance requirements: You will likely be required to carry high-risk SR-22 insurance for three years, which significantly increases your premiums.
• Impact on professional licenses: For executives, a DUI can trigger reporting requirements to professional boards. A first-offense DUI for CDL holders, even in a personal vehicle, results in a one-year disqualification of commercial driving privileges. Hardship permits are not available.

Attorney Fenbert understands that a DUI is more than a ticket. A conviction is a threat to your livelihood. His goal is to help you understand your rights and options and minimize the long-term damage to your career and reputation.

Understanding A DUI Investigation And Arrest

A DUI arrest is a sequence of high-pressure interactions where every second matters. The process typically begins with a traffic stop based on an officer’s reasonable suspicion of a violation, such as swerving or speeding. From the moment the officer approaches your window, they are looking for clues of impairment, like slurred speech or the smell of alcohol.

The investigation usually follows this strict sequence:

• Exit and interview: The officer asks you to step out of the vehicle to observe your balance and coordination.
• Standardized Field Sobriety Tests (SFSTs): Police use three main field tests to determine impairment. These include the Horizontal Gaze Nystagmus where the officer looks at and tracks your eye movement. The walk-and-turn test and the one-leg stand test evaluate your balance.
• Preliminary Breath Test (PBT): You may be asked to blow into a handheld device at the scene to provide probable cause for an arrest.
• Booking and evidentiary testing: Once arrested, you are taken to the station for booking. Under implied consent warnings, you are required to submit to a chemical breath, blood or urine test on a certified machine.

DUI and alcohol-related cases are rarely as straightforward as prosecutors would have you believe. However, if you have been charged with drunk driving or another alcohol-related offense, you should understand that the prosecution will seek the harshest possible penalties. It is only fair that you have an aggressive DUI defense attorney on your side to protect your rights and future.

You Don’t Have To Plead Guilty

In many cases, people think their only option is to plead guilty to a DUI. That simply isn’t true. Attorney Fenbert’s clients are sometimes surprised to have their charges reduced or dismissed after he scrutinizes the facts of the case and presents a strong defense in court. While the result of every case will depend on the facts, a sampling of client testimonials can give you an idea of the outstanding service and representation the firm provides.

How Can You Challenge A DUI Arrest?

Police frequently make errors during the evaluation and arrest process. A diligent DUI defense attorney can exploit these errors. Common mistakes include:

• Administering SFSTs on uneven pavement
• Giving confusing instructions
• Failing to observe the mandatory 20-minute waiting period before a breathalyzer test

Early attorney intervention is vital because attorney Fenbert can move to suppress evidence obtained through these improper procedures. If the court excludes the test results or the arrest itself, the prosecution’s case often collapses.

Answering Your Questions About DUI Charges

In his many years of practice, attorney Fenbert is often asked the same questions by clients facing DUI charges. Here, he answers some of the most commonly asked questions. For answers about your specific case, he offers a free consultation appointment.

Can I refuse a breathalyzer or chemical test during a DUI stop in Chicago?

In Chicago, while you have the right to refuse a breathalyzer or chemical test during a DUI stop, doing so carries serious consequences. Illinois enforces implied consent laws. This means that by driving, you consent to such testing if you are suspected of driving under the influence. A refusal results in an automatic suspension of your driver’s license.

This suspension is separate from any penalties you might face if you are ultimately convicted of a DUI. Additionally, refusing a test may not prevent prosecution, as other evidence can be used against you. It’s important to weigh the immediate consequences of refusal, against the potential implications of submitting to the test. Consulting with a DUI attorney can provide guidance tailored to your situation.

What are the penalties for a DUI conviction in Illinois?

In Illinois, a DUI conviction can result in significant penalties, depending on whether or not you’ve had a subsequent DUI conviction. These include:

• First offense: For a first offense, you might face a suspension of your driver’s license for up to one year. Fines can be up to $2,500 and possibly up to one year in jail.
• Second offense: A second DUI offense increases its severity. There is mandatory minimum jail time and a longer license suspension.
• Third offense: A third offense is a felony, carrying stiffer penalties, including longer imprisonment, higher fines and a longer suspension or even revocation of your driving privileges. Additionally, there may be mandatory participation in a substance abuse program and the installation of an ignition interlock device.

It’s crucial to understand that these penalties can vary based on the specifics of your case. The court will consider your blood alcohol content (BAC) and any aggravating factors, such as having a minor in the vehicle.

How can a DUI lawyer help me reduce my penalties in Illinois?

A DUI lawyer can be instrumental in reducing your charges or penalties in Illinois. They understand the legal system and can navigate complex DUI laws to identify any procedural errors or rights violations during your arrest. A lawyer can negotiate with prosecutors for lesser charges or alternative sentencing options. These can include community service or alcohol education programs, which might replace harsher penalties.

An experienced defense attorney can also challenge the accuracy of breathalyzer or chemical tests and question the validity of the stop itself. By presenting mitigating circumstances, such as your clean driving record or personal hardships, a DUI lawyer might persuade the court to impose more lenient penalties. Having a knowledgeable advocate on your side increases the chances of a favorable outcome.

Consult A Chicago DUI Defense Attorney For Free

From his office in downtown Chicago, attorney Fenbert represents clients throughout Cook, DuPage, Lake, Will and the surrounding counties. He is available 24/7 and can meet clients wherever it is convenient. For a free consultation with a dedicated DUI lawyer, call or text Fenbert & Associates at 630-917-2051. You can also email the firm at [email protected]