Though you may think facing a DUI charge isn’t severe, this is far from the truth. Unfortunately, many underestimate the severity of this crime, as illustrated by the fact that this is a common offense in the Prairie State. If you were charged, you may wonder if it’s better to just accept the consequences or to fight the charges. Depending on your circumstances, you may be able to have your DUI dismissed. Keep reading to learn when this is possible and why you need the help of a Peoria DUI lawyer to fight for you during these times.
In Illinois, the penalties for a DUI can be intense, regardless of whether or not it’s your first offense. Unfortunately, there’s a common misconception that if someone is caught drunk driving for the first time, they are given a warning, leading many to test their luck. However, in Illinois, a first-offense DUI is charged as a Class A misdemeanor. As such, you can face up to one year in jail and a minimum one-year license suspension unless you install an ignition interlock device, which lowers this to six months.
There are several reasons why a DUI may be dismissed in Illinois. However, it’s essential to stress the importance of hiring an attorney for this process. Without an attorney to handle these legal matters, having a DUI dismissed can be nearly impossible.
One way your case may be dismissed is if your attorney can prove there was no probable cause for your traffic stop. For example, if you didn’t break any traffic laws or drive recklessly or erratically, yet were still pulled over, your attorney may question why this occurred. If the officer admits that it was because they saw your vehicle pull out of a bar parking lot, your attorney can move to have any evidence collected at the stop dismissed, as this is a violation of your constitutional rights that protect you from unlawful searches and seizures.
Additionally, your attorney may have the resources to examine and test the breathalyzer device used during your arrest. As such, they may be able to prove that the device is defective or has not been calibrated properly, which can skew your test results.
As you can see, depending on the circumstances of your case, it is possible to have a DUI charge dismissed. However, ensuring you have the assistance of an experienced attorney to guide you through this process is crucial. At Giraudo Law, we understand the impact criminal charges can have on a person’s life. That’s why our team is committed to doing everything possible to help you during these times. Contact us today to learn more.