Driving under the influence can result from alcohol, drugs, prescription medications, or combined substances. A conviction carries criminal penalties, including potential jail time and license suspension, along with long-term consequences for collateral factors like your employment and insurance.
Both the legal and administrative aspects of a DUI case can be complicated. Beyond the criminal charges, a DUI arrest triggers an automatic summary driver’s license suspension. On top of that, your chemical test results and any prior convictions can significantly affect both the criminal case and your ability to drive. Each case is unique, which means you need a DUI defense attorney familiar with both local McHenry County courts and Illinois law.
Nold & Walsh, LLC, lawyers have decades of trial experience. We approach every case with creativity, integrity, and aggressive advocacy to get the best results possible for each client. Whether your case involves legal or factual issues, we focus on finding winning solutions for every client.
Contact Nold & Walsh, LLC, to protect your rights and begin fighting back against both criminal and administrative matters. From our office location in Crystal Lake, we help clients throughout McHenry County and the surrounding areas of Illinois.
A DUI arrest in Illinois can result in both criminal charges and administrative consequences. You need a law firm that can review every part of your case and identify options that protect your interests. The lawyers at Nold & Walsh, LLC, bring decades of trial experience handling DUI and criminal cases in Northern Illinois. They have handled dozens of jury trials and hundreds of bench trials, and they understand how local prosecutors and judges operate in McHenry County and surrounding areas.
Daniel Nold and Patrick Walsh evaluate every piece of evidence to find legal or procedural issues that could affect your case. Patrick Walsh’s certification in DUI detection and standardized field sobriety testing (SFST) allows him to identify inconsistencies in chemical testing and sobriety evaluations that other lawyers might miss. Our attorneys can challenge errors in testing or administration and develop practical legal strategies for your situation.
We can also guide you through administrative processes like license suspensions. Ultimately, whether you’re dealing with a first-time DUI or a serious felony, we assess the facts and weigh the risks, then pursue options that may reduce charges or dismiss cases when possible.
Contact Nold & Walsh, LLC, as soon as possible after your DUI arrest. By getting us involved early in the process, you give our law firm time to act on your behalf in both criminal court and administrative matters. In turn, that gives you the strongest chance to protect your driving privileges and address the problem effectively.
“A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care.”
Alcohol and drunk driving are not the only problems that can result in a DUI charge or a DUI case. There are 7 different ways you can be charged with DUI in Illinois:
Not all DUI charges are alike. This crime can take many forms under Illinois law, and each type has its own legal and administrative consequences.
You can face DUI charges for driving under the influence of illegal drugs or certain prescription medications. These cases often depend on chemical testing and timing, and whether the substance affected your ability to drive safely. Our lawyers will review the test results and your medication records to identify potential errors or inconsistencies. Proper analysis can make a significant difference in the outcome, particularly if tests were performed long after driving or when prescription medications are involved.
Holding a commercial driver’s license changes how the law treats a DUI. A BAC of 0.04% or a refusal to submit to testing can disqualify your CDL under federal regulations, even if the arrest happened in a personal vehicle. Losing your CDL will immediately affect your work. We help you address both the criminal and administrative consequences. Our attorneys guide you through hearings and paperwork, so you can protect your license and your career.
A DUI is a felony if it’s your third or subsequent offense within ten years, or if the incident causes serious injury or death. Felony DUI charges have longer prison sentences and other mandatory penalties. We review the details of your arrest and test results to determine the best approach. We’ll also check to see if your prior convictions (if any) should count as prior DUI offenses under the law. Our goal is to challenge errors where possible and work toward outcomes that minimize jail time and other consequences.
It’s illegal to be in physical control of a vehicle while impaired, even if the car isn’t moving. These cases are highly dependent on the specific circumstances, such as whether the keys were in your possession or you could have driven the vehicle. We review the evidence and make the distinction between control and actual driving, which can impact both criminal charges and your license.
A DUI that results in a fatal accident may lead to a reckless homicide charge. These cases carry serious penalties, including long-term imprisonment. We investigate every part of the case, from accident reports to chemical tests, to address criminal liability and any related administrative issues. You need a law firm that knows how these cases work in both court and administrative settings, and our attorneys are ready to jump in and put our knowledge to work for you.
A DUI arrest begins an automatic license suspension under Illinois law. You have 45 days to contest it. Acting fast can prevent the loss of your driving privileges. Our lawyers will help you file the necessary paperwork and represent you at hearings. We will also request restricted driving permits if you need to continue driving for work or personal responsibilities.
Illinois law has stricter penalties for repeat DUIs. You may face longer jail sentences, extended license suspensions, and requirements for an ignition interlock device. The court will consider all your prior DUIs, even those from many years ago or in another state. We review your past convictions and your current charges to identify options that reduce consequences and protect your license.
Drivers under 21 are subject to a zero-tolerance policy. Any detectable alcohol in your system can lead to a license suspension. Reinstating your license often requires remedial driver education and additional testing. Our law firm can guide you through these requirements as we handle both the administrative and criminal sides of your case. Our creative advocacy gives you the best chance to maintain driving your privileges.
Most people have heard about implied consent. Maybe you heard about it in your driver’s education class, maybe from a friend or a family member. On its face, it’s relatively straightforward.
If you are on a public roadway and an officer has reasonable grounds to believe you were driving under the influence, he can place you under arrest and request a blood, breath, or urine sample.
On your first DUI arrest, if you refuse, your license gets suspended for 1 year. If you give a sample and it is greater than 0.08, your license gets suspended for 6 months.
On your second DUI arrest within 5 years of a prior arrest, if you refuse, your license gets suspended for 3 years. If you give a sample and it is greater than 0.08, your license gets suspended for 1 year.
This creates an entire nuance with priors and how the courts treat you compared to how the Secretary of State treats you. Only an experienced DUI attorney can properly advise you about your particular situation after learning your complete history.
Since the institution of the 7th type of DUI, commonly referred to as Driving Under the Influence of Cannabis, you may also be suspended for failing or refusing field sobriety tests when done in conjunction with an arrest for DUI or cannabis. This is rarely used in McHenry County, as it requires a much more rigorous investigation and seems to be more difficult to prove in court.
Most attorneys DO NOT know the ins and outs of fighting DUI suspensions. Suspending your license is a limitation of one of your freedoms, and due process must be followed. Hiring a qualified DUI attorney is vital to giving yourself the best chance at beating or negotiating your summary suspension.
Filing the necessary paperwork as soon after the arrest is the very first step to fighting your suspension. You also need to know about the permit and breathalyzer device that the Secretary of State will issue and require if you want to be able to drive during your suspension.
Ideally, you contact a DUI defense attorney the day after you get arrested and charged with a DUI to fully protect yourself and give yourself the best chance to defeat a license suspension.
CDL license holders also face much stricter and immediate consequences to their driver’s license, including potential disqualification about 6 weeks after the arrest.
If a CDL holder refuses any field sobriety test or any blood, breath, or urine test, their CDL is disqualified. If they comply with the entire investigation and blow over 0.04 (even if they are in their personal vehicle), their CDL is disqualified.
You heard that correctly: before a CDL holder is found guilty of anything, their CDL may be disqualified. If you have a CDL and are charged with DUI, you need to hire an experienced attorney immediately.
Technically, DUI is a class A misdemeanor, and you could face up to 1 year in jail and up to a $2,500 fine. But realistically, it takes several DUIs before you could be facing that kind of jail time. In Illinois, the general rule is that you need at least 2 prior DUI dispositions, and the 3rd can be charged as a felony.
Having said that, you can be charged with a felony on your first DUI if your license was suspended at the time or you were driving an uninsured motor vehicle. The point is that the specifics of your case matter. How your friend’s case or your family member’s case made its way through the court system will be different from your case. The facts of the case, the police officer investigating the incident, admissions that were made, the amount and quality of video evidence, the overall length of the investigation, the result of any chemical testing, and the lack of any chemical testing are all major factors that make each DUI a little bit different.
1st Offense: You may receive court supervision, which means no jail time, and you avoid license revocation. You may have fines, DUI classes/treatment, a victim impact panel, and possibly public service work.
2nd Offense: You cannot receive court supervision. This means a mandatory minimum sentence of a conviction resulting in a revocation of your license, 5 consecutive days in jail, or 240 hours of public service work.
3rd and subsequent offense: Felony eligible. At this point, the outcome of prior cases will cause several different possible outcomes, and an attorney should be consulted immediately to minimize potential jail time.
The facts of each specific case impact all of these potential outcomes and vary from case to case.
When you are under 21, you can get your driver’s license suspended for any amount of alcohol being found in your system. If you’re under 21 and you blow anything that is not 0.00, you can lose your license for a minimum of 3 months. Additional steps are also required to get your license reinstated after a zero-tolerance suspension.
If a driver’s license is suspended prior to age 21, the driver will be required to successfully complete a driver remedial education course to make their driving privileges valid again. In addition, they may be required to submit to a complete driver’s license examination to be re-issued a driver’s license.
This is how the jury is instructed as to what “under the influence” actually means. To fully protect your rights, you need to contact an Illinois DUI lawyer who has argued this definition to a jury over and over. I have.
Every DUI case has unique circumstances, and the defenses that apply to one person may not work for another. However, there are many common ways to attack the prosecution’s case. Some procedural and legal defenses we often consider include:
Because no two DUI cases are the same, we emphasize individualized assessment. Every defense strategy depends on the specific facts and the evidence available, along with how law enforcement handled the arrest. We explore all potential avenues to protect your rights and minimize the consequences whenever possible.
If you are arrested for DUI, the first step to protecting your rights is to remain calm and cooperate without volunteering unnecessary information. You have the right to remain silent and to request an attorney before answering questions. Avoid admitting guilt or discussing details of the stop or your alcohol or drug use with police. Contacting Nold & Walsh, LLC, as soon as possible allows us to take action to protect your driving privileges and legal rights.
Contact Nold & Walsh, LLC, to discuss your DUI case. We serve clients in McHenry County, IL, and throughout the surrounding communities.
