Defending Your Rights, Protecting Your Future

Kane County DUI Defense Attorney Defending You Against Charges

The charge of driving under the influence of alcohol or drugs carries severe penalties and can affect your ability to drive in the future. With good criminal defense representation, you can challenge DUI charges and protect your future.

I’m John Kopp, a DUI defense attorney in Geneva. I help people throughout Kane County and the broader Chicago area stand up to DUI charges. As a former prosecutor, I know how to shield you from the harsh consequences of a conviction and protect your driving privileges.

Potential Penalties For DUI Convictions In Illinois

Without a strong defense during both your criminal trial and license suspension hearing, you could go to jail and lose your license. The penalties for drugged or drunk driving in Illinois are severe, including:

First DUI offense: You can receive at least one year of license suspension, up to one year in prison and $2,500 in fines.
Second offense: You can face at least five years without your license, at least five days in prison (and up to one year) or 240 hours of community service, and a $2,500 fine.
Third offense: This is a felony carrying at least 10 years of license suspension, 18 months in prison (and up to seven years in prison) and a $25,000 fine.

There may also be requirements to attend DUI classes after a victim impact panel and hundreds of hours of community service. There are defenses available and ways to minimize the penalties you face. That being said, there are other factors that can worsen your DUI charge, resulting in more severe penalties. Below are some examples of various DUI charges:

Aggravated DUI: A felony offense, this charge involves certain aggravating factors such as having children under 16 in the vehicle with you, driving without insurance or driving without a valid license.
Underage DUI/Zero Tolerance Suspension: This can result in a license suspension for three or more months, in addition to other significant consequences. A BAC above 0.0 percent alone is enough to charge you if you are under 21.
Drug DUI: Because certain substances cause mental disorientation and impaired judgment, it is illegal to drive with those drugs present in your system, including medical prescriptions that cause drowsiness.

Regardless of the type of charge, all DUIs can lead to the suspension of your license, the possibility of having your vehicle confiscated, and mandatory courses on alcohol education and treatment. Even if you believe the state has a strong case, there is still room for me to conduct further investigation, such as cross-examining the police officer who pulled you over.

Understanding The Different Ways You Can Be Charged With A DUI

In general, a BAC above .08% alone is enough to get you charged with a DUI. If you refuse to blow into a breathalyzer, your driver’s license will be suspended for 12 months. That being said, there are other factors that can worsen your DUI charge, resulting in more severe penalties. Below are some examples of various DUI charges:

Aggravated DUI: A felony offense, this charge involves certain aggravating factors such as having children under 16 in the vehicle with you, driving without insurance or driving without a valid license.
Underage DUI/Zero Tolerance Suspension: This can result in a license suspension for three or more months, in addition to other significant consequences. A BAC above 0.0 percent alone is enough to charge you if you are under 21.
Drug DUI: Because certain substances cause mental disorientation and impaired judgment, it is illegal to drive with those drugs present in your system, including medical prescriptions that cause drowsiness.

Protect Yourself From Automatic Driver’s License Suspension

There are two sides to a DUI case: the criminal case and the suspension of your driver’s license. To protect your criminal record, your freedom and your driving privileges, hire a drunk driving defense lawyer with substantial experience in both. You only have a limited window of time to challenge the automatic suspension of your driver’s license after a DUI arrest.

I have gone to court on several hundred DUI and license hearings, including many hearings as a prosecutor. I know how the prosecutors approach these cases, and I’m prepared to offer a strong defense against them.

Ways To Challenge The Evidence In DUI Cases

I understand the requirements and burdens upon the state to prove its case against you. There are many technical processes involved that require legal experience to decipher. I have the knowledge and experience to challenge the state’s evidence, including asking these questions:

Was there a Breathalyzer or field sobriety test? If the police officer stopped you and told you he saw some bad driving and he could smell alcohol, that alone may not be enough evidence to find you guilty.
If there was a Breathalyzer test, was it accurate? Challenges to Breathalyzer tests are difficult and highly technical. I have substantial experience with Breathalyzers and am not afraid of challenging the science behind them.
Did the officer follow all procedures? Were his or her observations correct? If not, you may have a defense.

I will help you explore every possible angle for fighting the charges.

Common Questions About DUI

DUI charges are scary and stressful. When you’re facing the confusion and uncertainties of the criminal justice system, you may have many questions. I can answer them.

Below, I’ve provided answers to common questions about DUI charges in Illinois. Please talk to me for more specific guidance on your case.

Can an attorney help dismiss or reduce DUI charges?

Yes, as your DUI attorney, I can significantly impact the outcome of your case. Here are a few ways I can help:

Investigating the circumstances of your arrest to identify any procedural errors or violations of your rights that could be grounds for dismissal
Building a strong defense by finding the strongest grounds to challenge the prosecution’s case
Negotiating with prosecutors to reduce your charges or penalties
Presenting a compelling case at trial to fight for a not guilty verdict

Additionally, I can explore alternative sentencing options that might be available to you, such as the Kane County DUI Court, which provides structured treatment with the aim of reducing the likelihood of future offenses. My thorough understanding of DUI law and the local court system enables me to provide you with the most effective defense strategy tailored to your specific case.

Do I have to tell a police officer the truth during a DUI traffic stop?

You are required to provide basic information, such as your name and documentation requested by the officer. However, you have the right to remain silent about everything else. Politely decline to answer any further questions. Trying to talk yourself out of the situation will only backfire.

Are DUI charges/penalties different for someone with a commercial driver’s license (CDL)?

Yes. If you hold a CDL, the stakes are even higher as the penalties for DUI are more severe. Potential consequences include job loss and prolonged license suspension, which can profoundly impact your livelihood. It’s important to work with a skilled drunk driving lawyer who understands the nuances of CDLs.

Are field sobriety tests mandatory when stopped by the police in Illinois?

No. You can politely refuse field sobriety tests such as the walk-and-turn, one-leg stand or eye-tracking tests. These tests are often subjective and are not always accurate indicators of impairment. They’re not admissible in court, and they may give the police grounds to arrest you.

You can also refuse roadside portable breath tests (PBTs). These preliminary tests for measuring blood alcohol content (BAC) are less precise and not as rigorously calibrated as the breathalyzer machines located at police stations. Because of their lower accuracy, the results from PBTs are generally not admissible as evidence in court to prove your intoxication level. However, once arrested, refusing a breathalyzer test at the police station can lead to more severe consequences.

Protect Yourself With A Powerful DUI Defense

Every case is unique and deserves a well-thought-out defense. I’ll take a fine-tooth comb to the facts of your case and determine the defenses available to you. Unlike some defense attorneys, I will take your case to trial rather than accept an unfair plea deal. I am proud to have won recognition of my abilities from several organizations, including being selected for inclusion in the Illinois Super Lawyers Rising Star list from 2016 to 2019 and being nominated for the National Trial Lawyers Top 100 Criminal Defense attorneys and Top 40 Under 40 for criminal defense law.

Call Kopp Law at 630-749-2919 or send me an email to arrange a consultation. I can meet you in the evenings or on weekends in a location that is convenient for you.