An Overview of DUI Defense

Fighting Back Against Drunk Driving Charges

If you have been arrested for driving under the influence (DUI) for the first time, it is probably your first encounter with the criminal justice system. If this is your second or third offense, you may face felony-level penalties. Either way, you need an experienced aggressive attorney who has a thorough understanding of Illinois DUI laws, and who is committed to winning your case and minimizing the possible consequences.

I am Jerry Novak, an experienced Illinois DUI defense attorney. I formed Jerald Novak & Associates in 1987 after working as an assistant states’ attorney handling DUI prosecutions. By focusing my entire practice on DUI and criminal defense, I am able to provide exceptional DUI representation and drunk driving information to all my clients. Call (847) 250-1385 today for your free phone consultation. You can also contact us online to schedule a free consultation.

A Wealth of Experience and Credentials

I have the credentials, experience and accomplishments to successfully represent people in DUI cases. Since my practice is dedicated to DUI matters, I often know more about DUI law than many of the prosecuting attorneys. I know how to challenge blood alcohol concentration (BAC) results, field sobriety tests, and Breathalyzer results in court. I can challenge your DUI license suspension in court or petition the court for a driving permit ­- MDDP – that will allow you to drive during most of your license suspension. In addition, many of my clients receive restricted driving permits (RDP) – also known has hardship licenses – that allow them to drive even if their license is revoked.

Often DUI cases involve more than a drunk driving charge. I have the experience to handle all charges related to your DUI arrest, including:

  • Transportation of open liquor
  • Driving while license is suspended or revoked
  • Leaving the scene of an accident
  • Failing to stop for a police officer
  • Other traffic offenses

When people are arrested for an Illinois DUI, they often have many questions. I provide a free phone consultation where we will discuss the charges against you, the strategy for your defense, and tell you honestly where you stand.

Saving Your Illinois Driver’s License

If you have been arrested for a DUI, your Illinois driver’s license will be suspended on the 46th day after the date of your arrest. If you wish to challenge the license suspension we must get into court immediately and request a hearing on your suspension. The suspension is automatic and will occur on the 46th day unless we successfully contest the suspension before that time. You may be eligible for an MDDP (monitoring device driving permit), which would allow you to drive for most of your suspension.

What is a ‘First Offender’?

According to Illinois Vehicle Code, a first offender is defined as someone who has:

  • Not had a previous DUI
  • Not had a previous DUI suspension (statutory summary suspension)
  • Not had a DUI reduced to reckless driving
  • Not had an ‘order of court supervision’
  • A prior DUI charge was dismissed, but your license was suspended
  • You were charged with reckless driving for any reason

The Illinois Secretary of State will send you a Confirmation Notice of your DUI suspension. That notice may say you are a ‘first offender’. Based on my experience, as a DUI defense attorney, I can investigate and determine what your status will be for the court.

An actual first offender would have to obtain a DUI evaluation, attend DUI education and counseling, and pay a fine. However, if you comply with these requirements it may be possible to resolve the case without a conviction in your public driving record.

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