Elgin DUI Lawyer

 Posted on March 23, 2017 in Uncategorized

Kane County DUI Attorney

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Elgin DUI Lawyer

Topic: Breathalyzer Tests in Kane County Illinois (Elgin Courthouse)

Question: If I am pulled over and only had a few drinks, should I take the breath test if I feel okay?

Answer: In almost all cases, the answer to this question is NO. Most people do not have an accurate understanding of the role alcohol plays on your blood alcohol content (BAC). It takes surprisingly few drinks to be at or above the legal limit. Moreover, many other factors such as food intake and medical conditions can greatly affect your BAC. Take a look at the chart below to note how just a few drinks can affect your ability to drive.

Question #2: But if I don’t submit to the breath test, isn’t it true my license will be suspended?

Yes. But guess what. If you find yourself in the unfortunate situation of a police officer asking you to submit to a breath test, your license is almost sure to be suspended anyway. Here’s why: Police officers are trained at detecting drivers under the influence of alcohol. If after a police officer has stopped your vehicle and had a brief discussion with you he asks you to perform field sobriety tests and a breath test, the officer has already made up his mind that you are driving under the influence of alcohol. At this point, the chances of escaping arrest for DUI are minimal at best. The only thing that participating in further testing will do is provide the officer iron clad proof that you are over the legal limit. It is far more beneficial to you to politely refuse ALL testing and refuse to answer any questions regarding you drinking prior to the stop. Although this will lead to a one year suspension on your license, an experienced attorney will be able to help you beat the suspension and the DUI charge because the officer will have very little proof of your intoxication lever other than his observations.

It is critical to avoid the DUI charge from being entered on your record. It is highly detrimental to employment options. Be sure to retain an attorney before appearing in court on any DUI.

Whether you are charged with a misdemeanor, felony or DUI in Kane County, 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 and/or Criminal Defense lawyer working for you at every step of the way. Mr. Gebhardt draws upon his prior experience 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 misdemeanor, felony or DUI in Kane County, 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 misdemeanor, felony or DUI in Kane County, Illinois.

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Elgin Illinois Criminal Defense and Traffic Law Attorney

Kane County DUI Attorney