Chicago DUI Lawyer Wayne Novak knows that being charged with a DUI is a serious matter which can have far reaching effects on your life. From increased insurance premiums to the possibility of losing your license and possibly jail. These potential consequences can negatively impact your life, including your current or future employment. DUI attorney Wayne Novak’s job as your DUI lawyer is to make sure your rights and interests are protected to the fullest. Wayne Novak will fight to keep you out of jail, keep your insurance premiums down and get your license back as soon as possible. In order to do that you should contact a DUI lawyer as soon as possible. In choosing a DUI attorney you want someone who will personally fight for you. That’s why Mr. Novak does not send junior associates to court. DUI Attorney Novak has concentrated on DUI defense for over 11 years and has successfully defended DUI cases that others said couldn’t be won. With a proven track record, DUI attorney Wayne Novak will make sure you get the best defense possible.
Common DUI Questions and Answers:
Do I have to take the breathalyzer?
NO. There are 2 types of breathalyzers offered by an officer on a suspected DUI stop. The first is generally known as the Preliminary Breath Test or PBT, this is generally inadmissible in court and wether you take it or not has no bearing on your license. The second breath test is usually done at the police station but may be done on site if you are at a roadside sobriety checkpoint. You do not have to take this one either.
So I refused the breath test now what?
Generally a refusal to take the breathalyzer at the police station will result in a suspension of your license for at least 1 year.
When does the suspension start?
The suspension starts 46 days from the date of your arrest, regardless as to whether you have been to court or not before that day. This is another reason why it is important to contact a DUI attorney as soon as you can in order to file a petition to the court asking to rescind (take away) your suspension.
How long will my license be suspended?
If you blew over the legal limit of .08 your and you are considered a first offender your license will be suspended for 6 months, but if this is your second DUI arrest in a five year period and you blew over .08 you could be suspended for 1 year. If you refused the breathalyzer and this is your first offense you will be suspended for 1 year. However if this is your second DUI offense within a five year period you will be suspended for 3 years. Once again this is why you need to contact a DUI lawyer as soon as possible.
The suspension paperwork I received from the officer defines me as a first offender even though I had a DUI a long time ago, so am I eligible for supervision again?
NO. You are only considered a first offender for suspension of your driving privilege. This means you will only be suspended for 6 months if you blew over the limit or only a year if you refused. However if you do not beat your DUI case in court you will get a conviction and your license will then be revoked.
My license is suspended what are my options?
You should contact a DUI attorney as soon as possible to file a petition to rescind (take away) the suspension. You only have 90 days from your date of arrest to do this or you waive the right.
Can I get a work permit?
There is no work permit to drive anymore. But if you are considered a first offender you will be given the option of putting a BAID device in your car. This device will prevent your car from starting until you blow into a tube to ensure you have not been drinking. However, you will not be able to drive with this device until after the first month of your suspension has gone by. In order to receive the BAID device you will need to pay the Illinois Secretary of State $30.00 per month as a service fee up front ($150.00 for a 6 month suspension and $330.00 for a 12 month suspension). You will also have a monthly service fee to pay to the provider who installs the device in your car.
What is Supervision?
Supervision is only available to those who have never had a previous DUI. A disposition of supervision allows you to keep your license after the suspension period is over (provided you pay the reinstatement fee of $250.00) and it does not go on your public record.
I blew over .08, can I beat the case?
Its possible. Many times DUI cases are won before you even go to trial. Hiring an experienced DUI attorney as soon as possible will put you in the best position to preserve any evidence that routinely gets destroyed. This evidence could be a videotape or an audio recording that could possibly exonerate you by showing the police did not have probable cause to pull you over or to arrest you for DUI. In addition there are a multitude of factors an experienced DUI attorney will investigate as to whether the breath test itself was working properly.
Why have I been charged with a Felony DUI?
There are many reasons you could be charged with a felony DUI but the most common ones are when you have had 2 or more previous DUIs or you didn’t have valid insurance or a valid license at the time of your arrest.