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Thea
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DUI
"My sister asked me how court went. I told her
I was a little disappointed about the fines. She said: So you didn't
lose your license; you didn't have to go to jail; you didn't have to do
community service like all my friends did, and you're complaining about
fines? You don't know how lucky you were to have Thea handing your case."
Thea has represented hundreds of defendants charged
with Driving Under the Influence. She appears in court almost daily on
such matters.
Frequently asked questions:
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Will my license be suspended? If you are a
first offender and you took a breath or blood test which indicated
an alcohol concentration greater than .08 or presence of drugs, you
will be suspended for three months; if you refused a breath or blood
test , you will be suspended for six months. If you are not a first
offender and you took a breath or blood test which indicated an
alcohol concentration greater than .08 or presence of drugs, you
will be suspended for one year; if you refused, you will be
suspended for three years.
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Can the suspension be removed? You have a
right to a hearing to determine if the Statutory Summary Suspension
referred to above should be rescinded. Thea can explain the issues
which can be addressed and analyze your case to determine if a
hearing might be in your best interest.
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Can I get a permit to drive to work? First
offenders and second offenders whose first case was more than five
years before the second may petition the court for a Judicial
Driving Permit to allow you to drive to and from work and during
work, if required and for other limited purposes. The permits are
valid only after the first 30 days' suspension has been completed.
To obtain one, it is necessary to secure an Alcohol Evaluation which
examines the extent of your problem with alcohol and to get a letter
verifying your employment or enrollment in school.
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Will I go to jail? Because a DUI is a
Class A Misdemeanor, the potential penalty is up to 364 days in the
County Jail and/or up to a $2,500.00 fine. First offenders usually
receive court supervision which does not entail a jail sentence. If
you are a second offender, whether you receive a jail sentence
depends on many factors such as length of time between your cases
and the facts of your case.
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Do I have to take any alcohol education
classes? In order to be sentenced, you must secure an alcohol
evaluation. Where that evaluation is performed varies by county. The
evaluator determines the amount of hours you must complete. Minimum
is 10 hours; maximum is 75 hours.
Thea will be happy to discuss your case with you at
no cost. Her fees are competitive and payment plans are available.
1st DUI Conviction
Up to 1 year jail, up to
$2,500 fine, minimum 1 year w/o license
2nd DUI Conviction
Penalties
Up to 12 months jail, up to
$2500 fine, minimum 5 years w/o license
3nd DUI Conviction
Penalties
Class 4 felony, 1-3 years
possible jail, up to 100 hrs. community service, $25,000 fine
In addition to the above,
there may be additional dispositions such as court supervission. Call
Thea at (630) 355-7680 to get the full picture. |