DUI Lawyer Bloomington IL

DUI Lawyer Bloomington IL

A DUI Lawyer Bloomington IL Trusts Explains Criminal Procedures in a DUI Arrest

When you’ve been arrested for a DUI in McLean County you may need a DUI lawyer Bloomington IL residents trust. An experienced lawyer from Pioletti & Pioletti may protect your rights, make sure you are treated fairly, and get you results. We understand what you are going through. We understand that you may be feeling confused or angry about what’s happening to you. The process of being arrested, taken to jail, photographed, and fingerprinted was probably humiliating. We feel for you. We’d like you to know that we may be able to help.

The law says when a person is issued a driver’s license, they have also given implied consent to submit to a breathalyzer if they are stopped by police upon reasonable suspicion of driving under the influence (DUI) of alcohol.

If a driver refuses the breathalyzer test — or agrees to the test and fails by showing a blood-alcohol level beyond the state maximum of 0.08 percent — his or her license will be automatically suspended. A driver may contest the suspension if there is reason to believe the breathalyzer was inaccurate or police failed to follow proper procedures, but the burden of proof in such cases is on the driver, not the police.

If you have been arrested for drunk driving, contact a Bloomington IL DUI lawyer from Pioletti & Pioletti. We have been defending clients against DUI charges for decades and will work diligently to get you the best possible outcome based on the circumstances of your case.

Do I Have to Submit to a Breathalyzer?

Implied consent laws go into effect when you accept your driver’s license. As mentioned, it not only applies if your BAC is over the legal limit, but also applies to submitting to the chemical test or breathalyzer to test that BAC. In addition, implied consent laws also apply to:

  • Producing your driver’s license and proof of insurance when asked to by law enforcement; and
  • Performing field sobriety tests when requested by law enforcement.

If you refuse to submit to chemical testing or field sobriety tests, you may face penalties even if the drunk driving charges are later dismissed or you are found not guilty. This is because the legal system says you broke the implied consent law you originally agreed to obey.

The Importance of Criminal Procedures

Drivers may agree to implied consent, but it is also important to realize that police officers are required to follow strict protocols when dealing with community members. These are not in place at a whim but instead represent critical safeguards. Procedural defects are a common defense in many different criminal cases. The most well-known include issues like failure to read a defendant Miranda Rights and unlawful searches and seizures.

When these procedural safeguards are ignored or forgotten by officers, then it is common for charges to be dropped or evidence excluded from court. Your Bloomington IL DUI lawyer will look closely at the specifics of your case to ensure proper protocols were followed at all times.

Fighting for Your Rights

Implied consent laws and regular drunk driving penalties can be harsh and result in loss of license, high fines, and possible jail time. This is why you need an experienced DUI lawyer representing you.

If you or a family member is charged with DUI or a similar alcohol-related offense, you need someone who will fight for your rights and make sure the state follows all proper procedures. Contact a DUI lawyer Bloomington IL clients recommend from Pioletti & Pioletti to set up a free case evaluation.

Defending Those Charged With a DUI in McLean County

When you’ve been arrested for a DUI in McLean County you may need a DUI lawyer Bloomington IL residents trust. An experienced lawyer from Pioletti & Pioletti may protect your rights, make sure you are treated fairly, and get you results. We understand what you are going through. We understand that you may be feeling confused or angry about what’s happening to you. The process of being arrested, taken to jail, photographed, and fingerprinted was probably humiliating. We feel for you. We’d like you to know that we may be able to help.

What Is a Statutory Summary Suspension?

A statutory summary suspension occurs when an individual is pulled over with a BAC of .08 percent or more. The law says that on the 46th day from the law enforcement report, your license will be suspended. The length of the suspension varies depending on your prior record, but here are the guidelines:

  • If you’re a first offender and have a BAC of .08 percent or more, your license may be suspended for three months.
  • If you’re not a first offender and have a BAC of .08 percent or more, your license may be suspended for a year.
  • If you’re a first offender but refuse to submit to testing to determine your BAC, you may lose your license for six months.
  • If you’re not a first offender and refuse to submit to testing to determine your BAC, you may lose your license for two years.
  • In this case, a first offender is defined as someone who hasn’t had a DUI issue in the last five years.

Any DUI lawyer Bloomington IL has to offer may tell you that the Illinois Secretary of State may already be in the process of suspending your license as soon as you are arrested. Should you fail to challenge the summary suspension within 46 days, the suspension may become effective for a period of between three months and three years.

It only takes that one quick decision and you could end up without driving privileges for up to three years. This is why it can be so important to have a DUI lawyer Bloomington IL residents trust fighting for your rights. It may be possible to appeal the suspension the moment it happens and possibly have it overturned.

Contact a DUI Lawyer Bloomington IL Drivers Can Rely On

To defend yourself against a DUI charge, you may need an experienced attorney on your side. A trusted Bloomington DUI lawyer may be able to protect your driving privileges and get you the best outcome possible. The law firm of Pioletti & Pioletti has extensive experience defending people arrested for DUI.

We may be able to fight your driver’s license revocation and get your driving privileges reinstated. If your license has already been revoked from a prior conviction, a DUI lawyer in Bloomington IL may be able to represent you at your driver’s license reinstatement hearing with the Secretary of State to get your license back.

To receive a free DUI case evaluation, contact a DUI lawyer at Pioletti & Pioletti. We represent people charged with DUI in the Bloomington and Peoria Areas including Bloomington-Normal, Clinton, Eureka, El Paso, and Metamora. When you choose a DUI lawyer Bloomington IL residents trust, you may have a better chance of keeping your driver’s license, so call of office today.

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