Charged with a DUI in Boone County, and refused the breathalyzer test. The officer explained arrestee was combative and admitted to smoking weed, and taking dmt and acid on Notice of Summary Suspension/Revocation. Also found more than 2.5grams but less than 10 grams of weed in the car.
Had to get sent to the E.R, and was dispatched afterwards and went home.
Court date for the juvenile charge of drug paraphernalia to be expunged 7 days before court date for the DUI.
Not very likely but you seem to be working at it. Consult a lawyer to get the best possible deal.
It is not likely you will go to jail but as previously indicated, you are going down a trail toward incarceration if you do not get your act together. Your juvenile expungement case for be negatively impacted also. One thing is perfectly clear: You need an attorney. Speak with several and hire the one you like the best. In the meantime, refrain from any further discussion of any of our cases online or anywhere else in public or even in private except with a lawyer.
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I am not licensed in Illinois, so out of respect for any experienced criminal defense attorney from IL (especially Ms. Goldstein) that answers, read his or her answer first. My answer is that jail time is not likely on the DUI. Hire an experienced DUI attorney in IL like Ms. Goldstein.
I highly advise you to speak with an attorney that is familiar with the State's Attorney and Judge in Boone County. These cases are very fact specific and dispositions very from county to county. If this was in Champaign, it would be very likely to have your license revoked for a first DUI. However, other counties would likely be more willing to offer court supervision.
Not likely, yet retaining of a good attorney is advisable to minimize other collateral effects of that DUI charge.
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Boone County is probably the worst possible location to expect any type of leniency in the State offer. What the summary suspension states as grounds and what actually happened are usually very different things. You really need a lawyer that will look at any video and talk to any witnesses to find out what, if anything, was said. If the prior juvenile record was not in Boone, I would expect a supervision offer but there's obviously no guarantee on that. The other issue will be what actually comes back with any blood/urine tests that were done. Depending on what way the case was charged and what evidence may have been collected at the hospital there could be a few potential defenses available on this case.
The last bit, I would just caution you that they treat DUI out there like a primary source of revenue, expect 2000 or so in fines + a 750.00 equipment fee, and if you're lucky they'll run the fines on the cannabis concurrent with the DUI case, or dismiss it altogether if there is a plea, I have seen the separate CM cases have fines assessed separately from the DUI case, but that's really fact dependent.
This message does not constitute legal advice, nor does it form the basis for an attorney client relationship. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.
It is not very likely that you will do any jail. You will get a suspension of your driver's license either for Zero Tolerance of for a Statutory Summary Suspension. Either Suspension can be contested but based upon your brief facts it is highly unlikely you would succeed in challenging the suspension. The suspensions are only temporary and you might even be able to obtain a permit during a portion of the suspension. A revocation, which is worse than a suspension, would only come if you are convicted in court. Supervision, which you are eligible for, would prevent any revocation as well as beating the case outright. Even if you wind up with a revocation, you would be eligible to ask for a work/school/medical/hardship permit during the course of the revocation if it is a first time offense. Whatever happens, please seek drug treatment, none of us want to see you have any more legal/health problems, nor see you harm yourself or others.
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