| DRIVING UNDER THE INFLUENCE
People who get DUI / DWI are just like everyone else. In my former job
as an Assistant State’s Attorney, I prosecuted people of all ages and
backgrounds. There is no stereotypical DUI candidate. Doctors,
teachers, firemen all have gotten a DUI. It is not the crime of the
century, but the repercussions can be very severe.
Just because someone is charged with DUI, does not mean they are guilty
of DUI. Police make mistakes. There are several considerations in a DUI
case. The Prosecutor must prove beyond a reasonable doubt that the
person charged with DUI drank any amount of alcohol. A common
mistake is to think you have to have a Blood Alcohol Content (BAC) of .
08 or above to get a DUI charge. This is not the case. The Prosecution
must show that the amount of alcohol in your system impaired your
ability to drive your vehicle. As a former Prosecutor, I have prosecuted
cases in which the person blew into a Breathalyzer and the results were
under a .08. I know of people being convicted after having a BAC under .
From the time of a DUI stop until a person’s release from jail, a party
charged with DUI is confronted by a series of decisions. Remember
everything you do and say can and will be used against you in court. The
police officer may also have a camera and microphone so everything that
is done will be caught on tape.
The initial reason for the stop is often a crucial part of each case. What
caused the police officer to pull you over initially? Was the car
swerving? Was your rear brake light out? Was there a roadblock or
police check point? The Police need a reasonable and articulable reason
for stopping any car. If they do not, there is always a chance that the
arrest can be quashed.
The police officer will be sure to note how you react once he or she
activates their lights to pull you over. Any difficulty you have pulling
over to the side of the road can and will be used against you in court.
The police are trying to build a case against you. Every piece that they
can use to build a DUI case against you they will. They will note any
difficulty that you have in removing your insurance card or driver’s
license as well as any odor or alcoholic beverage that they sense on your
breath. Of course, any mistake will help them to the conclusion that you
are driving under the influence.
Next, they will want to perform field sobriety tests in order to boost the
case they have against you. There are 3 standardized field sobriety test
that most police officers are trained on. They will normally want you to
do all three.
After the DUI tests are complete, if the officer thinks they have enough
evidence, they will place you under arrest. Note that the officer will
continue to monitor your behavior even after the arrest for anything that
might boost his belief that you are under the influence. Remember-
anything you say may be used against you in court.
The Breathalyzer is another device the police use to build a case against
you. A document called Warning to Motorists should be read before the
Breathalyzer is used.
Now you have your DUI ticket(s) and perhaps other traffic tickets. You
do not know what to do. There are certain motions in most DUI cases
that must be filed by a deadline or they can never be filed.
You may also be eligible to get permission to drive if and when your
license gets suspended. In order to qualify, you need someone who can
tell you which steps you need to take to get back on the road as soon as
It is important to get a lawyer on your side that is experienced in DUI
law. DUI law is constantly changing and updating and if you do not have
a lawyer that is on top of the latest developments, your chances of a
positive outcome may be diminished. Attorney Morgan is a former
Assistant State's Attorney who has prosecuted AND defended DUI. He
knows the mindset of the DUI Prosecutor. He can spot small details that
a lawyer who is not familiar with DUI law may miss. Call (815) 963-
6330 for your free initial consultation
CALL (815) 963-6330 for a free initial consultation.
The information you obtain on this website is not, nor is it intended to
be, legal advice. You should consult an attorney for individual advice
regarding your own situation.
(c) 2014 Brian Morgan
Brian Morgan represents clients accused of Felony, Misdemeanor and traffic offenses including drug,
cannabis, cocaine, heroin, DUI, aggravated DUI, driving under the influence of alcohol, aggravated
driving under the influence of alcohol, dws, driving while suspended, speeding, leaving the scene of a
property or personal injury accident, domestic battery, aggravated domestic battery, battery, UUW,
unlawful use of a weapon, theft, retail theft, felony retail theft, disorderly conduct, criminal sexual abuse,
violation of an order of protection, DCFS cases, juvenile law, burglary, residential burglary, home
invasion, armed robbery, class x felony, and all other criminal offenses.
Brian Morgan also represents clients in family, divorce, child custody, child support, DCFS, juvenile
court and order of protection.
Our attorney also representing clients in personal injury cases, car accidents, slip and falls, insurance
disputes, medical malpractice, wrongful death, guardianships, estate planning, wills and trusts, contract
disputes, real estate, civil litigation and collections.
If your problem is not listed, please call.
Brian Morgan serve the counties of Winnebago, Boone, Stephenson, DeKalb, McHenry, Ogle, Lee,
Whiteside, LaSalle, and Jo Davies. This includes the cities and towns of Rockford, Belvidere,
Freeport, DeKalb, Woodstock, Oregon, Dixon, Peru, Galena, Cherry Valley, Rockton, Roscoe,
Pecatonica, Winnebago, Poplar Grove, Caledonia, Capron, Sycamore, Byron, and Sterling.