DUI Defense

Naperville, Illinois DUI Arrest Attorney

Arrested on Drunk Driving Charges?

The stakes are too high to walk into court with no idea what will happen in your DUI arrest. Your driver's license, your job, and even your freedom may be at risk. With Naperville DUI/DWI defense lawyer Philip R. Nathe at your side, you will know your rights and be assured he is vigorously challenging the drunk driving charges.

The penalties in Illinois for driving under the influence of alcohol or drugs have risen sharply in the last decade. Possible consequences include:

• A criminal record, if convicted
• Suspension or revocation of your license
• Drastic increases in your car insurance
• Jail time or prison time
• Steep fines and court costs
• Mandatory treatment
• Surrender of your vehicle (or physical restrictions)

(630) 364-4621 for a Free Consultation

The Law Office of Philip R. Nathe of Naperville, Illinois, represents people charged with DUI/DWI in DuPage County, Cook County, Kane County, Will County, or Kendall County. Mr. Nathe is a former DuPage County prosecutor and probation officer with extensive knowledge of the criminal justice system in the Chicagoland area. In nearly 20 years as a defense attorney, he has assisted hundreds of people accused of drinking and driving.

First Time Offender?

Fighting a first DUI offense is important for two reasons: (a) the penalties for a first DUI conviction are severe, especially after the 2009 DUI law changes, and (b) a subsequent DUI — even five or ten years later — triggers much more serious consequences.

First-time drunk driving charges are a Class A misdemeanor with a maximum penalty of one year in jail and $2,500 in fines, though most people will serve no jail time unless they were involved in a drunk driving accident. If charges can't be dismissed at the outset, the Law Office of Philip R. Nathe will strive for court supervision — an alternative to conviction. Under court supervision, the drunk driving charge stays off your record and eventually is dismissed — if you follow the judge's stipulations. A conviction, on the other hand, means a criminal record, loss of license for one year, and other DUI penalties.

Following a DUI arrest, your license is suspended for 6 months (1 year if you refuse chemical testing such as the breathalyzer). The Law Office of Philip R. Nathe can request the issuance of a Monitoring Device Driving Permit (MDDP), which allows you to drive after your license has been suspended for 31 days — providing you install a Breath Alcohol Ignition Interlock Device (BAIID).

Prior to 2009, first time offenders were eligible for a JDP (judicial driving permit) that provided limited driving privileges (for work, school, or medical appointments) and did not require an ignition interlock device. The MDDP replaces the previous JDP for first time offenders and is now required for drivers who wish to have unrestricted driving privileges during suspension.

Repeat DUI Offense?

If found guilty, supervision is not available on a second drunk driving offense, and the courts are less inclined to leniency. A second DUI conviction means mandatory jail time of 30 to 60 days (and as much as one year), and revocation of your license for 1 to 5 years, with no MDDP option. A third DUI is a Class 4 felony, punishable by 1 to 3 years in prison.

Mr. Nathe will pursue every avenue to beat the charges or amend them to a lesser offense. If the prosecution has a solid case, Mr. Nathe will seek the least harsh penalties and advocate for alternatives such as alcohol treatment, community service, probation, and shorter jail time.

Other Alcohol Offenses

Our firm defends against all alcohol-related offenses, including reckless homicide, underage drinking, furnishing alcohol to minors, and open liquor.

The Law Office of Philip R. Nathe has successfully challenged many DUI arrests on the grounds of improper stops and searches, questionable sobriety tests or breath tests, and violations of clients' rights. Contact a DuPage County DUI/DWI lawyer who understands the serious nature of drunk driving charges. We offer a free consultation and return calls the same day. Our firm accepts Visa and MasterCard, and we can make payment arrangements.