Arrested for a DUI in Aurora, Illinois, what next?
If you were arrested for a DUI in Aurora, Illinois, you were not alone. 420 individuals were arrested for DUI in Aurora in 2008. Statewide, 48,000 people in Illinois were arrested for DUI in 2008. Aurora is a unique city with its location covering four counties, Kendall, Will, DuPage and Kane Counties in Illinois. Aurora is the 2nd largest city in Illinois with a population of 171,782. Approximately 100,000 people living in Kane County and 60,000 in DuPage County.
If you are arrested for a DUI, the Aurora Police Department will charge you with two counts of DUI if you submitted to a breathalyzer test and it registered a .08 or greater. You will be booked and given a court date. You will need to appear at the DuPage County Courthouse in Wheaton or the Kane County Courthouse in Geneva depending upon where the DUI violation took place.
One charge will be a per se violation of the DUI statute prohibiting a blood alcohol level (BAC) in excess of .08. The state’s attorney’s office has to prove that the BAC was .08 or greater beyond a reasonable doubt to obtain a conviction. The prosecutors will use scientific evidence to obtain a conviction. However there are numerous challenges an experienced DUI attorney can use to potentially have the charges dismissed.
The second count DUI charge will be driving a motor vehicle while under the influence of alcohol. This violation is based upon a police officer's observations, which will include field sobriety, smell of alcohol and driving. For this count, the State will use the testimony of the police officer to attempt to obtain a conviction. The burden of proof for the state is the same for both counts, beyond a reasonable doubt to obtain a conviction. If you do not submit to chemical testing, the Aurora Police Department will only charge you with one count of DUI. By refusing to submit to the breathalyzer, various restrictions that will apply to your license as a result of a DUI arrest. Consult an experienced DUI attorney for further information.
The Illinois DUI Lawyer you retain must have experience in either Kane County or DuPage County. If the attorney does not have experience in either of those counties, it is highly recommended you retain an attorney with that experience. The benefits of hiring a local DUI lawyer are that he will know the judges and prosecutors. They arevery familiar with the local procedures. The experienced Illinois DUI Lawyer will protect your rights. Contact Aurora DUI Attorney Peter Buh for further information.