St Charles DUI Defense Lawyer

Lawyers for Clients Charged With Driving Under the Influence in Kane County

When you drink and drive, you put yourself at risk, and your actions affect others as well. Your ability to operate a vehicle safely may be compromised by alcohol or other substances that can cause impairment, such as marijuana or prescription drugs. You will be much more likely to lose control of your vehicle or fail to respond correctly to other vehicles or pedestrians. Because of these dangers, police officers are always on the lookout for drunk drivers, and they may pull you over if you are driving erratically or showing other signs that you may be intoxicated.

When you are arrested for drunk or intoxicated driving, your life can change in an instant. Each year, thousands of Illinois residents are pulled over for driving under the influence (DUI) of alcohol or drugs. A single conviction can result in probation, expensive fines, and, in some cases, even jail time. Along the way, you will also likely face the suspension or revocation of your driving privileges. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced DUI defense lawyers are equipped to help you navigate the legal process and avoid long-term damage to your future. We will work to help you avoid a DUI conviction, or we will work with you to resolve your case in a way that will minimize the penalties you may face and ensure that you can regain your driving privileges as quickly as possible.

Failing or Refusing a Chemical Test in Kane County

Most Illinois DUI stops include a request from a law enforcement officer for the driver to submit to testing of their blood-alcohol content (BAC). However, the portable devices officers use during traffic stops only provide an estimate of a driver's BAC, and their results are generally not conclusive. To obtain probable cause to perform an arrest for DUI, an officer may also ask a driver to complete field sobriety tests that gauge their physical responses and indicate whether they are intoxicated. Drivers are allowed to refuse to take roadside breathalyzer tests or field sobriety tests.

If an officer believes they have probable cause to arrest a person for intoxicated driving, they will take the driver to a police station and ask them to take a chemical test to accurately measure their BAC. The most common form of such tests is a breathalyzer, although blood or urine tests may be used in some cases. Under the "implied consent" laws in Illinois, drivers are not allowed to refuse these tests without penalties. If you fail a breathalyzer or another chemical test, your driver's license will be automatically suspended for six months for a first offense.

If you refuse to take a BAC test after you have been arrested for DUI, your license will be suspended for one year for a first offense. Subsequent offenses will result in longer suspensions. These suspensions may be enforced even if the DUI case against you is dismissed, so it is important to work with a skilled attorney right away to protect your rights.

Kane County Lawyers Committed to Helping You

If you have been arrested for DUI, you need a lawyer who will work hard on your behalf. Our criminal defense attorneys will fully investigate the circumstances of your case to develop a strategy for minimizing the negative impact of a DUI charge. We will challenge any evidence that was collected inappropriately and raise important questions regarding your arrest. At our firm, we understand the law, and we are ready to advocate aggressively to help you avoid a conviction.

As skilled negotiators, we also realize that, in some cases, it may be in your best interest to reach an agreement with law enforcement or prosecutors. We will explore every avenue for relief, including diversionary programs that may be available to you. No matter how serious the charges against you may seem, we can help you find the most favorable outcome.

Contact Our Wheaton DUI Defense Attorneys

If you or a loved one has been charged with DUI in Illinois, get in touch with a knowledgeable criminal defense attorney immediately. Contact the office of Mirabella, Kincaid, Frederick & Mirabella, LLC today to schedule a confidential consultation. Call 630-665-7300 and get the representation you deserve. Our firm proudly serves clients in Wheaton, Downers Grove, Naperville, St. Charles, Elgin, Batavia, Geneva, Aurora, and the rest of DuPage County and Kane County.