Kane County DUI Defense Attorney Defending You Against Charges

The charge of driving under the influence of alcohol or drugs carries severe penalties and can affect your ability to drive in the future. With good criminal defense representation, you can challenge DUI charges and protect your future.

I’m John Kopp, a DUI defense attorney in Geneva. I help people throughout Kane County and the broader Chicago area stand up to DUI charges. As a former prosecutor, I know how to shield you from the harsh consequences of a conviction and protect your driving privileges.

Potential Penalties For DUI Convictions In Illinois

Without a strong defense during both your criminal trial and license suspension hearing, you could go to jail and lose your license. The penalties for drugged or drunk driving in Illinois are severe, including:

• First DUI offense: You can receive at least one year of license suspension, up to one year in prison and $2,500 in fines.
• Second offense: You can face at least five years without your license, at least five days in prison (and up to one year) or 240 hours of community service, and a $2,500 fine.
• Third offense: This is a felony carrying at least 10 years of license suspension, 18 months in prison (and up to seven years in prison) and a $25,000 fine.

There may also be requirements to attend DUI classes after a victim impact panel and hundreds of hours of community service. There are defenses available and ways to minimize the penalties you face. That being said, there are other factors that can worsen your DUI charge, resulting in more severe penalties. Below are some examples of various DUI charges:

• Aggravated DUI: A felony offense, this charge involves certain aggravating factors such as having children under 16 in the vehicle with you, driving without insurance or driving without a valid license.
• Underage DUI/Zero Tolerance Suspension: This can result in a license suspension for three or more months, in addition to other significant consequences. A BAC above 0.0 percent alone is enough to charge you if you are under 21.
• Drug DUI: Because certain substances cause mental disorientation and impaired judgment, it is illegal to drive with those drugs present in your system, including medical prescriptions that cause drowsiness.

Regardless of the type of charge, all DUIs can lead to the suspension of your license, the possibility of having your vehicle confiscated, and mandatory courses on alcohol education and treatment. Even if you believe the state has a strong case, there is still room for me to conduct further investigation, such as cross-examining the police officer who pulled you over.

Understanding The Different Ways You Can Be Charged With A DUI

In general, a BAC above .08% alone is enough to get you charged with a DUI. If you refuse to blow into a breathalyzer, your driver’s license will be suspended for 12 months. That being said, there are other factors that can worsen your DUI charge, resulting in more severe penalties. Below are some examples of various DUI charges:

• Aggravated DUI: A felony offense, this charge involves certain aggravating factors such as having children under 16 in the vehicle with you, driving without insurance or driving without a valid license.
• Underage DUI/Zero Tolerance Suspension: This can result in a license suspension for three or more months, in addition to other significant consequences. A BAC above 0.0 percent alone is enough to charge you if you are under 21.
• Drug DUI: Because certain substances cause mental disorientation and impaired judgment, it is illegal to drive with those drugs present in your system, including medical prescriptions that cause drowsiness.

Regardless of the type of charge, all DUIs can lead to the suspension of your license, the possibility of having your vehicle confiscated, and mandatory courses on alcohol education and treatment. Even if you believe the state has a strong case, there is still room for me to conduct further investigation, such as cross-examining the police officer who pulled you over.

Protect Yourself From Automatic Driver’s License Suspension

There are two sides to a DUI case: the criminal case and the suspension of your driver’s license. To protect your criminal record, your freedom and your driving privileges, hire a drunk driving defense lawyer with substantial experience in both. You only have a limited window of time to challenge the automatic suspension of your driver’s license after a DUI arrest.

I have gone to court on several hundred DUI and license hearings, including many hearings as a prosecutor. I know how the prosecutors approach these cases, and I’m prepared to offer a strong defense against them.

Ways To Challenge The Evidence In DUI Cases

I understand the requirements and burdens upon the state to prove its case against you. There are many technical processes involved that require legal experience to decipher. I have the knowledge and experience to challenge the state’s evidence, including asking these questions:

• Was there a Breathalyzer or field sobriety test? If the police officer stopped you and told you he saw some bad driving and he could smell alcohol, that alone may not be enough evidence to find you guilty.
• If there was a Breathalyzer test, was it accurate? Challenges to Breathalyzer tests are difficult and highly technical. I have substantial experience with Breathalyzers and am not afraid of challenging the science behind them.
• Did the officer follow all procedures? Were his or her observations correct? If not, you may have a defense.

I will help you explore every possible angle for fighting the charges.