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driving under the influence (dui)

Understanding DUI Defense: Protect Your Rights and Navigate the Legal Process

Driving Under the Influence (DUI) charges can have serious consequences on your life, including fines, license suspension, and even jail time. If you or someone you know is facing a DUI charge, understanding your rights and the defense options available is crucial.

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What Is a DUI Charge?

A DUI charge is brought against an individual who is caught driving under the influence of alcohol or drugs. In Illinois, a blood alcohol concentration (BAC) of 0.08% or higher is considered illegal.

The Importance of Legal Representation

Having a skilled DUI attorney is essential. A lawyer with experience in DUI cases can help you navigate the complex legal system, ensure that your rights are protected, and work towards minimizing the impact of the charge on your life.

Key Aspects of DUI Defense

  • Field Sobriety Tests: These tests are often used by law enforcement to determine if a driver is impaired. However, they are subjective and can be challenged in court. Factors such as the driver’s physical condition and the testing environment can affect results.
  • Breathalyzer Tests: Breathalyzer machines measure BAC, but they are not infallible. Issues such as calibration errors, improper administration, or health conditions can affect the accuracy of these tests. A DUI attorney can challenge the validity of breathalyzer results.
  • Blood Tests: Blood tests are more accurate than breathalyzers but can still be contested. Issues like improper handling or storage of the blood sample can lead to inaccuracies.

Potential Defenses Against DUI Charges

  • Illegal Stop: If the police did not have a valid reason to stop your vehicle, any evidence gathered during the stop may be inadmissible in court.
  • Improper Procedure: Law enforcement must follow specific procedures when administering tests and conducting arrests. Any deviations from these procedures can be grounds for challenging the evidence.
  • Medical Conditions: Certain medical conditions or medications can mimic signs of intoxication. Your lawyer can help present medical evidence to support this defense.
The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.
Common Queries Answered

Frequently Asked Questions

At Brandenburg & Rees, LLP, we handle the following types of cases: Injury Cases
  • Wrongful Death
  • Nursing Home Negligence
  • Automobile Accidents
  • Trucking Accidents
  • Slip and Falls
  • Motorcycle Accidents
  • Police Brutality/Section 1983 Claims
  • Worker’s Compensation Claims
  • Mediation and Arbitration Services
  • Uninsured/Underinsured Motorist Claims
Family Law
  • Divorce and Child Custody Cases
  • Parentage
  • Guardianships
  • Maintenance and Child Support Modification
  • Adoptions
  • Mediation Services
Criminal Law
  • Misdemeanor and Felony Cases
  • DUI (Driving Under the Influence)
  • Traffic Citations – including for those holding CDLs
Expungements Estate Planning
  • Wills
  • Transfer on Death Instruments
  • Power of Attorney
Evictions
You can schedule a consultation with one of our attorneys by calling us at (217) 854-2602. You can also leave send us a message through the website and one of our team members will contact you to arrange a time to meet with one of our attorneys.
At your initial consultation, you will meet with the attorney who will handle your case. You will explain your situation. The attorney will likely ask you further questions and then recommend a course of action. Occasionally, the attorney may need more information in order to assess your situation and make an appropriate recommendation. We usually tell clients, the more information you have at the initial consultation, the better. However, oftentimes we meet with clients who are emotional, confused, injured, or are not sure exactly what documentation to bring to the initial consultation. Do not be concerned if you do not have the necessary information at the initial consultation. We will guide you on what documentation we need and, oftentimes, can assist in obtaining the necessary items.
At the consultation, the attorney will explain the law applicable to your situation and discuss the strengths and weaknesses of your specific case.
We, like most other law firms, typically handle personal injury type cases on a Contingency Fee Basis. This means, we advance all the costs necessary to pursue your case including the filing fees, fees for obtaining medical records and bills, court reporter fees and transcripts, expert fees, and any other necessary fees. On these types of cases, we get paid when you get paid. We take a percentage of the recovery which is usually one-third of the recovery. We will also recoup our costs out of the recovery. However, if we do not obtain a recovery, you owe us nothing.

For other types of cases, we either charge an hourly fee or a flat rate, depending on the type of case. We strive to keep our rates reasonable and within the range of that charged other attorneys in the area.
It depends on the specific circumstances of your case. Some matters we can resolve in weeks or months whereas others can take years. Some of the factors that can influence the time it takes to resolve your case include:
  • The time it takes to obtain all the necessary information and documentation
  • The time it takes for any required investigations
  • The Court’s schedule
  • The schedules of any necessary experts
  • The degree of litigation required including whether the case settles, goes to trial, or is appealed
We recognize that most clients want their case resolved as soon as possible. We make every effort to keep your case moving forward in an expeditious manner.