Should I Fight My Chicago DUI Charge?
The answer is simple: Yes, you should absolutely fight your DUI charge. Hiring a reputable Chicago DUI attorney to take on your case may be costly, but it’s nothing compared to the costs of a DUI conviction, which can reach over $20,000. Many people can hardly recover from the consequences of their DUI conviction, which may include:
- Community service
- Court fees
- Consequences for your job or school enrollment
- Increased insurance payments
- Lost driving privileges
- Substance abuse treatment
- Driver’s education
- Permanent criminal record
The Cost of Hiring a Lawyer Pales in Comparison to the Cost of a DUI Conviction
When your freedom, finances, job, and reputation are on the line, you should spare no expense in seeking out the most dedicated and experienced lawyer you can find. Having a good lawyer by your side will vastly improve your chances of obtaining a good case outcome. Here’s what a skilled DUI lawyer may be able to do for you:
- Get your license back – Your license will automatically be suspended if you refuse to submit to a breath or chemical test of your BAC, or if your test result is over .08. You will, however, have the opportunity to challenge this suspension at an administrative hearing that is unrelated to the criminal proceedings stemming from your DUI charge. It is crucial to have an attorney by your side at this hearing. Your lawyer may successfully argue for a reversal of your license suspension. Furthermore, your attorney will have the opportunity to cross-examine the arresting officer on the record and get invaluable evidence for your upcoming trial.
- Challenge the prosecutor’s evidence – When the police collect evidence in a way that violates your rights, the prosecutor cannot use that evidence to prove your guilt in your DUI trial. For example, if the arresting officer cannot articulate what reasonable suspicion led them to pull you over in the first place, any evidence from the traffic stop must be removed from the prosecutor’s case. An unjustified traffic stop is a violation of your Fourth Amendment rights. By filing a motion to suppress the evidence, your lawyer can diminish the prosecutor’s chances of proving your guilt.
- Request the dismissal of the charges – If the motion to suppress the prosecutor’s evidence is successful, there may not be much evidence left to use against you at trial. If the remaining evidence does not show that it is at least likely that you were guilty of the offense, there’s no point in going to trial. Your lawyer can ask the judge to dismiss the charges against you.
- Argue for an acquittal at trial – If your DUI case goes to trial, the prosecutor will need to demonstrate beyond a reasonable doubt that you are guilty. Through a skillful cross-examination of the arresting officer and by exposing the gaps in the prosecutor’s evidence, your lawyer can show that there is a doubt as to whether you were intoxicated while driving.
- Negotiate a plea agreement – In some cases, it’s best to avoid the time and expense of a trial, especially if all of the prosecutor’s evidence is admissible and overwhelmingly points to your guilt. As a last resort, your lawyer can secure guarantees from the prosecutor about your sentence if you agree to plead guilty. For example, you might get the guarantee of a lower fine, no jail time, or a lessened license suspension term.
Your Lawyer Can Secure the Best Possible Outcome for Your DUI Case
There are many ways in which your lawyer can help you to avoid the crippling consequences of a DUI conviction. No matter how difficult your case may seem, a skilled legal advocate may be able to find the gaps in the prosecutor’s case and fight back. Knowledge of the procedures and legal technicalities of Chicago DUI trials is crucial.
At O’Meara Law we’ve built our reputation on our ability to help our clients successfully overcome their criminal charges. We believe that every case deserves a fight. No matter what you think your odds may be, you should consult a Chicago criminal defense lawyer.
To learn more about what options you might have, call us today at for a free and confidential consultation of your case.