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Drunk Driving Defense Lawyers

Breathalyzer Almost Three Times Legal Limit Not Guilty

Defendant charged by Phoenix Police with two counts of DUI and speeding. Officer testified that Defendant was stopped for speeding, failed all field sobriety tests, admitted that he was drunk, and had a .210 breath test reading. At trial, Wigell & Associates excluded failed breathalyzer result and severely damaged officer's testimony on cross examination. Not guilty of all charges after bench trial.

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Call 866-WeWinDUI to Speak with our CookCounty DUI Lawyers

The criminal defense lawyers at Wigell & Associates defend people who have been charged with drunk driving in the Chicago area, including in Cook, Will, and DuPage Counties as well as clients in Northwest Indiana.

Our DUI lawyers understand that drunk driving is serious business. Although many people may tell you that a DUI is "just a traffic ticket," a drunk driving case is, from a legal standpoint, extremely complicated. A drunk driving charge can also result in serious penalties, including jail time, fines, and suspension of your driver's license if you plead guilty or are found guilty by a jury. DUI cases require a highly skilled attorney to properly protect you, like those on the Wigell & Associates DUI Defense Team.

New Illinois DUI Law Effective 1/1/09

While working closely with MADD-National (Mothers Against Drunk Driving), the Illinois legislature has passed a new drunk driving law which makes driving more difficult for alleged drunk drivers. The new law takes effect January 1, 2009. The new law extends the Statutory Summary Suspension period for first offenders, and requires all first time DUI offenders to install a Breath Alcohol Ignition Interlock Device (BAIID) in their car.

For 2009, all Statutory Summary Suspensions for first timers are doubled. First offenders charged with DUI (Driving Under the Influence of Alcohol) who refuse to take a breathalyzer or other chemical test will now have a 12 month suspension. If a person submits to a chemical test which results in a blood alcohol content (BAC) of greater than .08, his/her license will now be suspended for 6 months. Previous laws would suspend a driver for 6 months for a refusal and 3 months for a failed test, respectively.

However, first offenders may still be able to drive during the suspension. Anyone who needs to drive during the suspension will be issued a Monitoring Device Driving Permit (MDDP). Judicial Driving Permits (JDP) are eliminated under the new law. Unlike Judicial Driving Permits, a Judge may not deny a MDDP to anyone who is eligible. However, a driver is ineligible for an MDDP if the DUI involves death or great bodily harm, the driver has no valid license, the driver has a previous reckless homicide conviction, or is under 18 years of age. The Monitoring Device Driving Permit (MDDP) is a permit that allows a person to drive during the Statutory Summary Suspension period. With a BAIID installed, the alleged DUI offender may drive, not only to work or school, but anywhere, any time, any place. In other words, there are no restrictions on driving so long as there is a BAIID in the car. The Monitoring Device Driving Permit may not be used to operate a commercial motor vehicle. The MDDP will be issued after the mandatory 30 days hard suspension during which no driving permit is available. This new law is confusing. Wigell & Associates attorneys will help you understand your rights and options.

MDDP and BAIID

In order to comply with the MDDP (Monitoring Device Driving Permit),alleged first time drunk drivers will be required to have to a BAIID (Breath Alcohol Ignition Interlock Device) installed on any vehicle they drive. Basically, the Breath Alcohol Ignition Interlock Device (BAIID) is a breathalyzer which is connected to your vehicle.

The breath test machine requires the driver to blow before starting the vehicle and at random intervals during driving. If the breath test reads .025 Blood Alcohol Content (BAC) or higher, the car will not start. If while driving a breath test reads .025 BAC the horn will start honking and the lights will flash. Anyone caught driving a car without a BAIID will be charged with a Class 4 Felony of Driving While License Suspended. If convicted, the felony conviction will stay on your record forever, with the potential for 1-3 years in prison.

The Secretary of State will monitor the BAIID (Breath Alcohol Ignition Interlock Device). It costs $30 per month to have the Secretary of State monitor the BAIID. Additionally, it will cost approximately $80 to install the device and $80 per month to rent the device.

Also, the suspension period may be extended or the MDDP (Monitoring Device Driving Permit) may be cancelled for violating the terms and conditions of the MDDP. Offenses resulting in the cancellation of the MDDP (Monitoring Device Driving Permit) include attempting to evade the a BAIID (Breath Alcohol Ignition Interlock Device), leaving the scene of an accident, driving under the influence of alcohol, reckless driving, drag racing, or any other drug or alcohol related offense. Drivers whose Monitoring Device Driving Permit (MDDP) has been cancelled are not eligible for automatic reinstatement of their driver's license after the suspension is over. Cancellation of the Monitoring Device Driving Permit (MDDP) will require the driver to a formal hearing with the Secretary of State asking for relief. Full driving privileges will not be available until the driver has driven with a Restricted Driving Permit (RDP) for twice the term of the original Statutory Summary Suspension. Call Now 866-WeWinDUI (866-939-4683) to discuss your rights and options.

Serious Defense Against Serious DUI Charges

You may receive letters from attorneys offering to handle your DUI case for a few hundred dollars, but all that gets you is a guilty plea on the first court date. DUI cases have considerable permanent consequences. You can't risk your driving privileges to a part-time DUI attorney. The lawyers at Wigell & Associates travel all over the country to conferences and seminars learning how to protect you better. We have concentrated our practice in criminal defense and DUI defense.

Most attorneys start talking about a "plea bargain" from the first meeting. Few drunk driving attorneys actually take DUI cases to trial before a judge, and even fewer have tried DUI cases to a jury. The Wigell & Associates DUI Defense Team prepares every case as if it were going to be tried by a jury.

Call now to talk to a member of our DUI Defense Team (866.WeWinDUI) and to schedule a free case evaluation and consultation.

Tough Penalties For DUI Drunk Driving in Illinois and Indiana

Illinois and Indiana impose severe punishments on anyone convicted of DUI (also known as DWI, OWI or drunk driving). Illinois is one of the toughest states on drunk drivers in the nation. In our mobile society, what could be worse than to lose your driver's license? That is what you face with a DUI conviction.

In Illinois, Driving Under the Influence (DUI) is a misdemeanor charge, punishable by up to a year in jail and up to a $2,500 fine. Your second DUI conviction could result in a revocation of your driver's license. If you have a commercial driver's license (CDL) or need your vehicle for work, a DUI conviction could mean the end of your livelihood.

Don't Give Up Hope - There are Options in DUI Cases

Just because you have been arrested and charged with DUI does not mean you will be convicted. There are methods of successfully defending against a DUI. In every DUI case, our attorneys investigate whether the police followed all of the proper procedures. The validity and constitutionality of traffic stops can be challenged, and the results of breathalyzer tests can be thrown out of court. Wigell & Associates has been very successful defending our DUI clients utilizing these methods. Do not give up and make a guilty plea just because you have been charged with DUI!

At Wigell & Associates, our DUI attorneys have many years of experience defending the rights of people arrested for drunk driving. We have a track record of successful DUI outcomes, even in cases that seemed hopeless.

Our Cook County DUI lawyers will not only help you fight the DUI charge. We will also help you with your driver's license suspension by petitioning the court to remove your suspension or by working to obtain a restricted permit to allow you to drive to work or school. This is also called a Judicial Driving Permit or JDP. If your license has been revoked, our attorneys work to help reinstate your driver's license.

Out-of-State DUI Arrests

Out-of-state drivers have additional concerns if they are charged with DUI. Illinois-licensed drivers charged with OWI in Indiana and Indiana-licensed drivers charged with DUI in Illinois require the knowledge of a DUI attorney licensed in both Illinois and Indiana to advise them of the consequences in both states. DUI attorney Donald N. MacNeil, a member of the Wigell & Associates DUI Defense Team, is a licensed attorney in both Illinois and Indiana. He understands the potential pitfalls and will help you minimize the consequences of your arrest in both states.

Aggravated DUI/Reckless Homicide

At Wigell & Associates, we take our defense of drunk driving very seriously. Not only do we represent first, second, and multiple offenders, but those charged in aggravated offenses too. We have successfully represented people charged with their tenth DUI offense. One cannot open a newspaper without reading about an alleged drunk driver who killed another person while driving. These cases, called Reckless Homicide, are very difficult, and are frequently high-profile cases. The Wigell & Associates Criminal Defense Team has represented many people charged with Reckless Homicide, including some of the ones you have read about.

Learn more about DUI laws

Free Initial Consultation: Contact a Cook County DUI lawyer at Wigell & Associates. We try DUI cases in all of Cook, Will, DuPage and Kankakee Counties in Illinois and Lake and Porter counties in Indiana . We also have the capability to handle driving under the influence cases nationwide.

20280 Governors Hwy.,
Suite 302
Olympia Fields, Illinois 60461
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