DUI’s in Schaumburg, Illinois. DUI defense attorney Matthew R. Gebhardt examines DUI’s in Schaumburg, Illinois.

 Posted on September 26, 2013 in Criminal defense lawyer

DUI’s in Schaumburg, Illinois. DUI defense attorney Matthew R. Gebhardt examines DUI’s in Schaumburg, Illinois.   DUI’s in Schaumburg, Illinois can be charged as Misdemeanors or Felonies. We will being with an examination of Misdemeanor DUI’s in Schaumburg, Illinois.  

Misdemeanor DUI’s in Schaumburg, Illinois.

  Schaumburg DUI Defense attorney Matthew R. Gebhardt handles many misdemeanor DUI cases in Schaumburg, Illinois. The minimum penalty on a misdemeanor DUI in Schaumburg, Illinois is a period of twelve months supervision with alcohol education classes. The maximum penalty on a misdemeanor DUI in Schaumburg, Illinois is 364 days in the Cook County Department of Corrections. If you plea or are found guilty after a trial on misdemeanor DUI charges in Schaumburg, Illinois, many factors will be considered in determining your sentence. Some of these factors include: number of prior DUI and alcohol related offenses on your record, your criminal history, age, work status, citizenship status and any mitigating circumstances arising out of your case or background.   There are also many issues that Schaumburg, Illinois DUI defense attorney Matthew R. Gebhardt can raise on your behalf should you decide to dispute the charges against you. Often times, what may seem like insurmountable evidence against you can be overcome by your DUI defense attorney. Some areas we often challenge include:  

• Unlawful Traffic Stop.
• Lane violation is not dispositive of DUI.
• Accuracy of Field Sobriety Test.
• Improperly administered Field Sobriety Tests.
• Officer’s failure to comply with observation period prior to breath test administration.
• Officer testimony that contradicts video evidence.
• Conflicting officer testimony.
• Reports authored by officers that do not reflect video evidence.
• Unlawful DUI Road Blocks.
• Physical limitations of the defendant in performing Field Sobriety Tests.
• Lack of Miranda Warnings.
• Performance of non-standardized Field Sobriety Tests.
• Breathalyzer Malfunction.

   

Felony (Aggravated) DUI in Schaumburg, Illinois.

  Schaumburg, Illinois defense attorney Matthew R. Gebhardt also handles many Felony (Aggravated) DUI cases in Schaumburg, Illinois. In Schaumburg, Illinois, there are many factors that will elevate a DUI to a Felony status. According to the Illinois Secretary of State, any of the following may result in your being charged with a Felony (Aggravated) DUI:   • Third or subsequent DUI (Class 2 felony; penalties vary according to offense).   • DUI committed while driving a school bus carrying persons age 18 or younger (Class 4 felony).   • DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony). Revocation of driving privileges for a minimum of 2 years.   • Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony; penalties vary according to offense).   • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony; penalties vary according to offense).   • DUI committed without a valid driver’s license or permit (Class 4 felony).   • DUI committed without vehicle liability insurance (Class 4 felony).   • DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony).   • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony).   • DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation.   • DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.   Source: 2013 Illinois DUI Fact Book, Illinois Secretary of State   The penalties on a Felony DUI in Schaumburg, Illinois are as follows:   Class 4 felony • Possible imprisonment of 1-3 years; fines of up to $25,000. • Aggravated DUI involving injury — Possible imprisonment of 1-12 years; fines of up to $25,000. Class 3 felony • Possible imprisonment of 2-5 years; fines of up to $25,000.   Class 2 felony • DUI — Possible imprisonment of 3- 7 years; fines of up to $25,000. • Aggravated DUI with 1 death — Possible imprisonment of 3-14 years; fines of up to $25,000. • Aggravated DUI with multiple deaths — Possible imprisonment of 6-28 years; fines of up to $25,000. Class 1 felony • Possible imprisonment of 4-15 years; fines of up to $25,000. Class X felony • Imprisonment of 6-30 years; fines of up to $25,000.   Source: 2013 Illinois DUI Fact Book, Illinois Secretary of State   Although the penalties for Aggravated DUI in Schaumburg, Illinois are far more severe than those of the misdemeanor DUI, defending the charges against you is often very similar. The same defenses stated previously can be successfully employed when challenging the merits of the Aggravated DUI charge against you.   Whether you are charged with a misdemeanor or felony DUI in Schaumburg, Illinois, it is imperative that you retain legal counsel to provide you with the best defense possible. At the Law Office of Matthew R. Gebhardt, P.C., Mr. Gebhardt’s experience as a former prosecutor means that you’ll have access to the best knowledge and education on your side -- an informed and experienced DUI defense lawyer working for you at every step of the way. Mr. Gebhardt draws upon his prior position as a prosecutor to anticipate how the State will present their case against you. He can then determine what defenses will be most likely to prevail and concentrate his efforts in those areas.   If you or someone you know has been arrested for a DUI in Schaumburg, Illinois, contact us to schedule a consultation to discuss your case.   As always, the Law Office of Matthew R. Gebhardt, P.C. offers free consultations for anyone charged with a DUI in Schaumburg, Illinois or any other municipality.