Will County DUI Defense
Hiring an experienced dui lawyer is essential to getting the best defense for a dui arrest. Only an attorney who is in the Will County courtrooms on a regular basis can best answer any questions you may have.
Steven Haney is a Dui lawyer and former Will County prosecutor and has handled hundreds of these cases in the Joliet courthouse since 1985. He is in the Will County major traffic courtrooms on a daily basis and has successfully helped hundreds of clients accused of dui.
What is a DUI?
A person commits a dui when they are:
- in actual physical control of a motor vehicle AND
- is under the influence of alcohol, a drug, or both
- has an alcohol content of .08 or greater, or
- has in their body the presence of an illegal drug.
Actual physical control
A dui must involve someone being in “actual physical control” of a motor vehicle. A person does not have to be driving to be charged with a dui. “Actual physical control” means there is a present ability to operate the vehicle. An example would be a person getting behind the wheel a car after leaving a bar, but falls asleep in the parking lot. Even though the car did not move from its parking spot, the person behind the wheel is in “actual physical control” of the car.
DUI – Under the Influence Alcohol
A person is under the influence of alcohol when they consume any amount of alcohol that impairs their ability to think or act with ordinary care. Alcohol can be consumed legally. Therefore, it is not illegal to drink and drive. It is only illegal if the alcohol consumed causes impairment.
DUI – Under the influence of a drug
A person is under the influence of a drug when they consume any drug that impairs their ability to think or act with ordinary care. It does not have to be an illegal drug. Like alcohol, it is not the use but the effect.
Alcohol concentration of .08
This type of dui does not involve impairment. If a breath test is taken with a result of .08 or higher, that is a DUI. Intoxication does not need to be shown by the prosecutor. The breath test over the legal limit of .08, by itself, is enough.
Bodily presence of an illegal drug
Like an .08 or greater case, a person can be charged with a drunk driving, if they give a blood or urine sample and are found to have any type of illegal drug in their body. Impairment is not an issue. The chemical test showing a positive result for an illegal drug is enough.
30 years Experience as a Joliet DUI Lawyer
Former prosecutor Steven Haney has handled hundreds of DUI cases involving all situations. He is in the major traffic courts of Will County on a daily basis and knows DUI defense second to none. To discuss in confidence your situation, contact us at 815-723-5600 or via e-mail.