Step by Step Guide About the DUI Process

1) Write down everything that you recall happening. This includes detailed specific information as to what occurred prior to being pulled over, at the scene of arrest, at the police station and at the hospital if applicable.

2) Make sure that you save any and all documentation that was given to you by the police (tickets, warning to motorist form, notice of statutory summary suspension, bond slip etc.)

2) Speak to an experienced DUI attorney immediately. You need to act swiftly but intelligently. Timing in a DUI defense is crucial. If you took a breath test and your BAC (breath alcohol concentration) is greater that 0.08, your driver's license will be suspended for six (6) months if you are a first offender. If you refused a breath test, your driver's license will be suspended for twelve (12) months if you are a first offender. PROTECT YOUR RIGHTS!! Speak to a qualified and competent DUI defense attorney who will file a PETITION to RESCIND STATUTORY SUMMARY SUSPENSION immediately. Once the clerk of the circuit court stamps the PETITION TO RESCIND STATUTORY SUMMARY SUSPENSION, you must be afforded a hearing within thirty (30) days of the date of filing or the first court date. If you are not afforded a timely hearing, the suspension should be rescinded based upon a due process violation.

Your attorney should also issue a subpoena duces tecum to the police department compelling them to provide you with any audio and video recordings including a squad video or booking room video. These items need to be subpoenaed to be preserved or they may be destroyed or erased whereby important exculpatory evidence is now gone.

At the Law Office of Steven J. Block and Associates, we realize that your rights need to be protected immediately. Contact our office to further discuss how we quickly build your defense.

3) Hire any expert witnesses who may be necessary in your defense. Often times, clients do not even know that they have a built in defense that merely needs some well guided execution. If you suffer from any medical conditions, have physical limitations, or if the police simply did shoddy work, an expert may be a key component in building your defense.

4) Prepare for your arraignment date. Any attorney can appear with you on a first court date. However, a prepared attorney realizes that from experience that many different decisions will be made on that first court date. Important considerations are the "lineup" that is featured that day. Who is prosecuting? What judge is hearing your case? Can I obtain a recission of your statutory summary suspension without negotiating anything with regard to the criminal DUI charges?

Since there will be a lot of unknowns going into your first court date. It is extremely important to be prepared. If we decide to litigate your matter, you must be prepped in advance along with any witnesses who may be necessary in your defense. You must dress and appear in a professional manner. Your image can and will make a difference.

5) Proceed to a hearing on numerous potential motions such as 1)Petition to Rescind Statutory Summary Suspension, 2)Motion to Quash Arrest and Suppress Evidence, 3)Motion for Sanctions, 4) Motion to Suppress Statements, 5)Motion in Limine, 6)Request to Admit Facts, 7)Motion to Preserve Evidence, 7) Motion for Substitution of Judge, 8)Motion for a Bill of Particulars and 9)Motion to Dismiss.

6) Proceed to trial or resolve your matter favorably with a plea negotiation. If you are a first offender, you are eligible for court supervision. Superivison has some advantages and disadvantages:

ADVANTAGES OF SUPERVISION	DISADVANTAGES OF SUPERVISION
1) Not a convicition	1) Eligible once in a lifetime
2) No revocation of driver's license	2) Arrest may not be expunged
3) Maintained on internal record	3) Effects CDL driving priviliges

Supervision is not a guarantee as it is always in the discretion of the Judge presiding. However, unless there is aggravation with your case such as an accident (with or without injury), extremely high BAC (breath alcohol concentration), or your license was suspended, revoked, expired, or cancelled, supervision will most likely be a disposition that can be available as a backup plan.

The Law Offices of Steven J.Block and Associates urges you to always beat and win your DUI at all times.

If you are a second offender, you are not eligible for Supervision which in turn means that you must win your case. If convicted, the conviction will serve to revoke your driving privileges. A revocation is different than a suspension. When suspended,your driving privileges are suspended at a date certain and you will automatically get them back when you pay a reinstatement fee to the Illinois Secretary of State's Office. In contrast, when your driving privileges are revoked, you must have a hearing before the Illinois Secretary of State who will utilize their discretion as to when your driving privileges are reinstated.

The only way to avoid a revocation of your driver's license as a second offender is to either win your case or convince the prosecutor to amend your DUI to the lesser offense of reckless driving.

If you are a third offender, you will most likely be charged with a Class 2 Felony. As a Class 2 Felony, you are eligible for felony probation, but an Aggravated DUI (Class 2) also carries a potential jail sentence of (3-7) years in the Illinois Department of Corrections.

The type of felony and possible punishments can vary greatly based upon many factors. If you have been arrested for DUI for a third time or more, contact the experienced attorneys at The Law Offices of Steven J.Block and Associates to start building your defense.