Illinois DUI: How Should I Plea?

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Illinois DUI laws include significant consequences for criminal DUI convictions. Penalties can include jail sentences, fines, probation terms, community service, ignition interlock device installation and mandated courses. A DUI conviction can be embarrassing and expensive.

Illinois DUI - What to Expect

Each DUI case is different, so you should first consult a lawyer to decide on your plea. You will enter an initial plea during your arraignment which could happen the day following your arrest or shortly thereafter. Unless you do not wish to fight the charges, you will likely plead not guilty at your arraignment. This leaves open the opportunity to negotiate with the prosecution for reduced charges and the possibility of taking your case to trial if no plea agreement is reached.

In most cases, the penalties for a DUI conviction if you plead guilty at the beginning are not much different than if a court or jury finds you guilty after a trial. The point is, you are better off taking your chances that you will be successful in trial or pre-trial plea negotiations if the worst potential outcome is no different. An attorney should be involved in assessing your actual case and deciding on potential outcomes.

First time offenders may have alternatives to a conviction under Illinois law. Illinois law allows for something called Supervision in some first offense DUI cases. This means that you do not receive a conviction in your DUI case and it does not go on your permanent record as such.

If you want to negotiate a reduced plea, having an attorney who is a good negotiator will help tremendously. Even if you do not want to go to trial, being prepared and making the prosecution aware that you are willing to go to trial if no plea agreement is reached can actually help you get a reduced plea in many situations. Make sure you understand the consequences of any plea agreement prior to signing.

Getting Legal Help

While you might not be aware of it, many people are able to successfully fight DUI charges in Illinois courts. An attorney can help you prepare a defense in your DUI case. Because a criminal defense attorney who handles DUI cases regularly understands the law and has applied it in many situations, he may be able to point out defenses and strategies in your case of which you are not aware.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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