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DUI Court Processing In Illinois

Illinois is strict on drunk driving. The state has put in place several laws and mechanisms designed to discourage drivers from driving after they gave consumed excessive amounts of alcohol. To begin with, Illinois drivers are only allowed to drive on their streets with a blood alcohol content that is less than 0.08%. If pulled over by the cops and subjected to a field sobriety test, any BAC reading higher than this value will result in the driver being charged with an Illinois DUI. For drivers under the age of 21, who are classified as minors, the BAC level is further reduced to 0.02%.

 
 

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What to do if charged with a DUI in Illinois

If you are charged with an Illinois DUI, the state will attack you from two fronts. First, there is the court case concerning your breaking of the state’s road traffic act where you can receive fines, jail time, and the other is from the department of transportation where your driver’s license can be suspended.

If you happen to be that unfortunate offender, your first line of action is to get a qualified Illinois DUI lawyer who will be able to present a credible defense and attempt to either get you off the charge or reduce its consequences.

Illinois DUI Court Case Proceedings

DUI court cases consume a lot of time and generally last between six months to a year. The court case takes place in several stages as follows:

  • Housekeeping motions: These include discussions for the record to establish the ground rules for the trial. These include who will testify, the type of available evidence and who will be allowed to be present in the courtroom.
  • Jury selection: This usually last for about an hour and entails a selection of the jury that will decide on the evidence presented.
  • Opening statements: Here both the prosecutor and defense lawyer will inform the jury on their line of arguments and a preview of what is to come.
  • The state’s case: The state gets the first go at you. This is because the burden of proof is placed on the state and it must prove your guilt.
  • Additional motions: Based on the evidence produced by the prosecutor, the defense attorney can decide if there are grounds on which to make a no case submission. This happens especially if the prosecutor’s arguments are lacking in evidence.
  • The defense case: Now the defense gets the chance to put its case forward. The can call witnesses and show where the prosecutor’s case cannot be substantiated.
  • Closing arguments: During the closing arguments, each side will make their last effort to convince the jury to vote in their favor.
  • Jury instructions: here the trial is concluded and the judge then instructs the jury about the facts of the case. This is read into record and then the jury retires for deliberation.
  • The verdict: Once the deliberation has ended, the jury returns with a verdict that is then read out in the court.
  • Sentencing: If the jury voted in favor of the prosecutor, the judge will issue the prescribed punishment as stated under the law.
  • Appeal: If there are grounds for an appeal, the defense lawyer then can start proceedings to question the trial of the type of punishment given by the court.