DUI Defense | The MacNeil Firm

If you or someone you know has been charged with a DUI, your thoughts are likely filled with questions. You may be concerned about what happens next, how you should plead, or how many times you will need to go to court. The MacNeil Firm provides representation for all kinds of traffic violations in addition to DUI defense services. We are licensed to represent you in both Illinois and Indiana. We understand the important distinctions of each state’s DUI laws. This knowledge is crucial for mounting a well-prepared defense.

In most cases, when you are charged with driving under the influence (DUI) in Illinois, you will be arrested. Following your arrest, you will be taken to the police department and released after processing and fingerprinting. Illinois no longer requires cash bail for misdemeanor DUI offenses, so you will not need to post bail. However, in Indiana, if you are arrested for operating while intoxicated (OWI), you may still have to post cash bail. If you cannot, you will remain in police custody.

DUI Overview

You go out for dinner to celebrate your latest achievement and you drink a few glasses of beer with your meal. After several hours of enjoyable conversation and uplifting music, you could swear that you only had two drinks, though you very well may have actually lost count. When it’s time to pay the bill and go home, you may not recall how many drinks you had but you don’t feel affected at all. You don’t even think twice about whether or not you are safe to drive yourself home, until you end up pulled over and test over the legal limit. The next thing you know, you need an attorney and a strong DUI defense.

You can be charged with DUI when your blood alcohol content (BAC) is above the legal limit of 0.08. If it is proven beyond a reasonable doubt during your trial that your BAC was 0.16 or higher, it does not result in a different charge. However, it can lead to additional sentencing requirements. For a first offender with a BAC that is double the limit or higher, there is a mandatory minimum of 100 hours of community service and a minimum fine of $500.

A second-time DUI offender with a BAC of 0.16 or higher must serve a mandatory two days in jail and face a minimum fine of $1,250. A third-time or higher DUI offender with a BAC double the limit (0.16 or higher) will face a mandatory minimum of 90 days in jail and a minimum fine of $5,000.

DUI Defense | The MacNeil Firm | DUI Lawyers Near Me

You Deserve a Strong DUI Defense

A DUI attorney can rescue you from some incredibly harsh consequences for DUI in Illinois and Indiana. Does it really make sense to let one simple mistake ruin the rest of a person’s life? Just one charge of DUI can lead to consequences that will follow you around for the entirety of your life, in the form of a permanent criminal record. You could face jail time, fines and court costs, loss of your driver’s license, the loss of potential job opportunities, the installation of an ignition interlock device in your vehicle, and damage to your reputation.

In almost all DUI cases, individuals initially plead not guilty. This provides an opportunity to gather and review all the evidence in the case, a process known as discovery. The state is required to provide all evidence that they intend to use against you in court. This discovery process allows a thorough analysis, helping to determine solid defense strategies. Even if you have taken a breathalyzer or a blood test indicating a BAC over the limit, there may be motions available to suppress that evidence or other circumstances that could form the basis of a defense. If you do not immediately plead not guilty, this cannot happen.

Making a mistake in good faith doesn’t make you a bad person and doesn’t mean you deserve to live with a stigma for the rest of your life. Don’t give up; a strong DUI defense can protect you. Also, don’t attempt to negotiate with the prosecuting attorney by yourself. You will never regret time spent finding an attorney to represent you who can mount a stellar DUI defense. Your rights will be protected and your professional and personal reputation will be preserved. Don’t just roll over and accept whatever plea agreement is offered to you by the state. Get to a qualified attorney in order to look out for your interests and your future.

At The MacNeil Firm, you can expect truly personalized representation for you and your DUI case: immediate responses, open and prompt communication, sensitivity and compassion, and complete respect during this very difficult time. Plus, you’ll receive solid legal advice intended to give you the most ideal possible outcome for your criminal DUI case.

Contact The MacNeil Firm Today for a Free Consultation

Even if you have been convicted of DUI in the past, you still have important rights and The MacNeil Firm will fight to make sure that they are always protected. We will not give up on you and we do not like to lose. Contact the dedicated Illinois and Indiana DUI defense attorneys at The MacNeil Firm for a free case evaluation today to find out how we can help you make sure that your legal rights are honored and save your future reputation. If you have need a DUI defense in Illinois or Indiana, don’t wait until it is too late. Contact us immediately to start mitigating the damage and helping you put this situation behind you.

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DUI-Not Guilty

Driver stopped for speeding. The vehicle appeared to weave within its lane when Midlothian police officer positioned his car behind the vehicle. According to the police officer, driver performed poorly on standardized field sobriety tests. The judge, however, agreed with counsel that driver had good speech and did not have balance issues when she was walking, standing, and communicating with the officer. Not guilty of DUI after bench trial.

Summary Suspension Rescinded-Not Guilty Of DUI

Driver was stopped by police for expired registration. No driving infractions observed on squad video. Driver had no issues with speech or balance and appeared to pass all field sobriety tests. Driver did admit to having 5 or 6 drinks over a period of time. After he was arrested for DUI, driver submitted to a breath test which indicated a blood alcohol content of .065, below the legal limit. Petition to Rescind Statutory Summary Suspension granted and driving privileges restored, not guilty of DUI.

Breath Test Suppressed-Case Dismissed

My client on a dark rainy evening drove off the road and down an embankment in a well-known dangerous curve in Tinley Park. Cook County Sheriff investigated. Driver failed all standardized field sobriety tests and failed the breathalyzer with a .109 reading. The MacNeil Firm filed a Motion to Suppress Evidence asserting that the deputy did not have probable cause to arrest for DUI. The judge agreed. The Motion to Suppress was granted. All evidence of the standardized field sobriety tests and the breath test were suppressed and excluded from evidence. All charges were subsequently dismissed.

2nd DUI-Not Guilty

Driver and his wife were involved in a rollover accident in the front yard of a home in a residential neighborhood. This was his 2nd DUI arrest and was facing mandatory jail and revocation of his commercial driver’s license (CDL). At trial, the homeowner testified that she came out of the house after the accident and observed the husband crawling out of the driver’s side of the vehicle. Homeowner witness was subjected to a thorough cross examination. The judge agreed with my argument that the homeowner could not have made a positive identification of the husband and equivocated under cross examination. Finding of Not Guilty of all counts.

Failed Field Sobriety Tests-Not Guilty Of DUI

My client was stopped for speeding and failure to signal when required. Driver admitted to drinking and performed standardized field sobriety tests which were recorded on video. Officer testified that driver failed all tests and driver appeared to perform them poorly on video. However, the judge agreed with counsel’s argument that, although her performance on the field sobriety tests was questionable, her speech was good, and her balance while walking and standing was normal. Not guilty of DUI.

2nd DUI-Not Guilty

Defendant was stopped by police for failure to stop at a stop sign. Officer testified that after coming to a stop in the middle of the intersection, driver sped off squealing the tires. Squad car video was played for the judge during the bench trial at the Bridgeview Court House. DUI defense attorney Donald N. MacNeil argued that the driver’s performance on the walk and turn, as well as the one leg stand, was reasonable. The judge agreed. Not Guilty of Driving Under the Influence of Alcohol.

Reckless Driving-Not Guilty of DUI

Defendant was followed by Illinois State Police trooper down Interstate 55. Squad car video played at trial shows the client’s vehicle making erratic lane changes, weaving out of his lane slightly, and, according to the trooper’s testimony, speeding 79mph in a 55mph zone. Trooper testified that the client had a strong odor of alcohol on his breath, bloodshot and glassy eyes, and slurred speech. Defendant refused all standardized field sobriety testing. Defense attorney Donald N. MacNeil successfully argued before the judge that the Defendant did not exhibit slurred speech on the video, as well as pointing out that his balance was almost perfect. Finally, it was elicited from the Illinois State Police trooper that odor of alcohol and bloodshot glassy eyes do not equate to intoxication. Following a Bench Trial, there was a finding of Not Guilty of all charges, including all minor tickets such as speeding and improper lane usage as well.

Driver Hit Parked Car-Not Guilty of DUI

Lansing police respond to the scene of a two vehicle accident. Police arrive on the scene to find my client standing outside a vehicle register to him. It was determined that my client’s vehicle had hit a lawfully parked vehicle on the side of the road. Lansing police testify that my client swayed, had a strong odor of alcohol, and was demonstrating a cocky attitude. Officer admitted on cross examination that he never saw my client behind the wheel of the car, and he never admitted to driving. After a bench trial, the Cook County judge ruled that the prosecutor had not proven beyond a reasonable doubt that my client was the driver. Finding of Not Guilty.

Defendant on Court Supervision for DUI-Not Guilty of Indiana OWI

While on court supervision for his first DUI, Defendant is charged by St. John police with Operating While Intoxicated (OWI) in Lake County Indiana Superior Court. During cross examination at trial, the arresting officer admitted that he followed Defendant for almost 2 miles and stop at a gas station before stopping him. In his ruling, the judge indicated that “common sense” would tell you that Defendant was drunk driving, however the state did not prove its case beyond a reasonable doubt. Not guilty of OWI after bench trial.

Blood Alcohol Level Almost 4 Times Legal Limit-Not Guilty of DUI

Defendant found by Illinois State police on the side of the highway after what appeared to be a single car accident. Defendant appeared to be severely intoxicated, and was transported to the hospital by Chicago Fire Department. A blood test at the hospital indicated a blood alcohol level of .325. At trial, Illinois DUI lawyer Donald N. MacNeil argued that the Cook County prosecutor could not prove that Defendant was the driver. Finding of not guilty.