If you are arrested for a DUI in Carol Stream, Illinois, there are certain procedures that the police will follow. This article discusses what a person can expect when he is arrested for a DUI. It is important that you contact a DuPage County DUI Attorney.
If you were arrested for a DUI in Carol Stream, Illinois, you were not the only person arrested in 2009. 499 individuals were arrested for DUI in Carol Stream in 2009. That is a decrease from 634 arrests in 2008. Statewide, there were 48,000 people in Illinois were arrested in 2008 for the offense of DUI. Carol Stream is a city in DuPage County, Illinois. According to the last census, Carol Stream had a population of 40,238. Carol Stream has 63 sworn officers for DUI arrest rate of 7.92 per officer. This places Carol Stream in second place behind River Grove.
If you are arrested for a DUI, the Carol Stream Police Department will charge you with two violations of the DUI statute if you submitted to a breathalyzer test and it registered a 0.08 or greater. You will be arrested, processed and given a court date approximately 4 weeks later. You will need to appear on that date either at the DuPage County Courthouse in Wheaton. The judge will inquire if you obtained an attorney. It is highly recommended that you consult with a DuPage County DUI attorney as soon as possible.
One of the DUI charges may be a per se violation of the DUI statute if you submitted to the breathalyzer. This Illinois DUI Statute prohibits any driver of a motor vehicle to have a blood alcohol level (BAC) in excess of .08. The state must prove through scientific evidence that the BAC was .08 or greater beyond a reasonable doubt to obtain a conviction. This evidence is gathered by the police officer through a breathalyzer machine or a blood draw at the hospital. It is important that you retain an experienced DuPage County DUI attorney fight the DUI charge.
The other DUI charge is driving a motor vehicle while under the influence of alcohol. This DUI charge will arise from the police officer's observations of driver’s physical and mental capabilities, which will include field sobriety tests conducted by the police officer at the scene, smell of alcohol upon the driver’s breath and driving. For this count, the State uses testimonial evidence to attempt to obtain a conviction. The testimony is typically given by the arresting officer. The burden of proof for the state is the same as the per se count, beyond a reasonable doubt to obtain a conviction. If you do not submit to chemical testing, the Carol Stream Police Department will only charge you with one count of DUI, the non-per se count. By refusing to submit to a chemical test, the civil restrictions that will occur to your license as a result of a DUI arrest will be greater than if you had submitted to the test. Consult your DuPage County DUI attorney for further information.
The DUI Attorney you retain must have significant experience in DuPage County. There are three separate courtrooms in DuPage County that handle DUI cases. If the attorney does not have experience in DuPage County, it is highly recommended to retain an attorney that does have the experience. The benefits of hiring a local DUI attorney are that he will know the judges and prosecutors. Carol Stream hires municipality attorneys to prosecute the DUIs from Carol Stream. Your DuPage County DUI Attorney will be very familiar with the local procedures. Your DuPage County DUI Attorney will best be able to assist you at this time of need than an attorney who is not familiar with local procedures.
