First DUI Offense

[mrniceguy123]

Evanston, Illinois
2 Days Ago I got my First DUI. I refused to blow into the breathalizer and passed the other ohysical tests he gave me, although he said I failed those.... What should I do? Am I going to go to jail? Ive never had a dui before and have a really clean overall record! How much is a lawyer going to cost? Anyone know any good lawyers in the Chicago area?
Thanks,
-Mary

[Litigation!]

Originally Posted by mrniceguy123

Evanston, Illinois
2 Days Ago I got my First DUI. I refused to blow into the breathalizer and passed the other ohysical tests he gave me, although he said I failed those.... What should I do? Am I going to go to jail? Ive never had a dui before and have a really clean overall record! How much is a lawyer going to cost? Anyone know any good lawyers in the Chicago area?
Thanks,
-Mary

My response:

You need to learn a lesson by going through the entire process, and spending about $15,000.00. Then, you'll think three times before you endanger my life again.

IAAL

[djh50]

I don't know what the law is in Illionois, but in most states if you refuse to be breathilyzed, your automatically lose your drivers license for at least 1 year.

[BelizeBreeze]

Section 11-501.1(c) of the Illinois Motor Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1(c)) provides as follows:


"A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in suspension of such person's license to operate a motor vehicle for six (6) months for the first such arrest and refusal and a suspension of such privilege for 12 months for the second and each subsequent such arrest and refusal within 5 years. * * *


* * * Whether the person was informed that such person's privilege to drive would be suspended if such person refused to submit to the test or tests shall not be an issue."

[mrniceguy123]

Hey litigation.... I wasnt drunk *******.... Your probably some**** head super cop who couldnt get a job in the big city and ended up in some wack ass suburb trying to be macho.... **** off... this is America not France. Innocent until PROVEN guilty

[mrniceguy123]

you know what litigation after reading your posts I realized your an ******* to everyone not just me.... You suck at life

[Litigation!]

Originally Posted by mrniceguy123

you know what litigation after reading your posts I realized your an ******* to everyone not just me.... You suck at life

My response:

You're the one who's going to jail, and you're the one who's paying the BIG MONEY, not me. So, you can get as pissed off as much as you like.

Say hello to Big Bubba for me when you're with him behind bars, okay?


IAAL

[efflandt]

BelizeBreeze spelled it out for you. You refuse, you lose (no defense).

Maybe you need to review IL rules of the road, especially implied consent: [url]http://www.cyberdriveillinois.com/publications/rules_of_the_road/rr_chap04.html[/url]

[AHA]

Originally Posted by mrniceguy123

Evanston, Illinois
2 Days Ago I got my First DUI. I refused to blow into the breathalizer and passed the other ohysical tests he gave me, although he said I failed those.... What should I do? Am I going to go to jail? Ive never had a dui before and have a really clean overall record! How much is a lawyer going to cost? Anyone know any good lawyers in the Chicago area?
Thanks,
-Mary

HAD you been drinking before you got in the car? If you had, then this discussion is a waste of time, you broke the law. Surely you don't want drunk drivers on the roads and neither does the rest of us.
How do you know you passed the tests, if the cop said you failed?

Just curious, are you a transvestite? If not, why choose a male username and then sign your post with "Mary"?

[BigMistakeFl]

Chances of you going to jail are slim on a first offense. Research the minimum penalties for a first timer and prepare for them. Above poster is correct, you will lose your license automatically by your state's DMV. Court proceedings are a seperate matter.

[Litigation!]

Originally Posted by BigMistakeFl

Chances of you going to jail are slim on a first offense.

My response:

Every State has a minimum jail time. It's likely this idiot has already spent upwards of 3 days behind bars. And, if NiceGuy, alias "Mary," hasn't already been behind bars, he/she/it will - - even on a first offense.

Also, the likelihood of going to jail is even greater when he/she/it won't be able to afford all that money!

Oh, and what about his/her/its forfeited vehicle? Oooooo, I'll bet you that forgot about that one!


IAAL

[BigMistakeFl]

You're right, he probably did spend a night in jail already. Still, I doubt he will get additional jail time but your point is valid, that jail is always an option for the judge. I hope that he puts on a more humbled face when that day arrives.

[justaregulargal]

You should have taken the breath test - why didn't you? And if you refused, you should know by now that your license is automatically revoked for a year. They should have given you a piece of paper stating that on the day of the incident.

If you had done that and your Blood alcohol was low, and considering you weren't doing anything else wrong, I'm sure you would have had a strong defense and you may have been able to go to court without a lawyer and just talk to the prosecutor yourself. But now I think you're screwed and you probably need a lawyer.

And I doubt you'll get any jail time. I don't know the stats but for a first time offender they hardly ever give you jail time.

Don't worry about the people in these forums -- most are just MADD because they lost a loved one to a drunk driver. Like you're capable of bringing that person back or something.

[AHA]

Originally Posted by justaregulargal

Like you're capable of bringing that person back or something.

Great justification for driving drunk!!!!!!!!!!!!!!!!!!!!!!!

[justaregulargal]

Originally Posted by AHA

Great justification for driving drunk!!!!!!!!!!!!!!!!!!!!!!!

Not justifying anything with that comment -- I don't know why you'd say that. I was simply pointing out the fact that by being critical of posters on here won't bring your loved one back and people will continue to drink and drive regardless of what you say. Alcohol is legal and it is completely legal to drive after you've been drinking as long as you're within the legal limit.