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How do you argue a dui charge?

ILLINOIS: How can I argue a dui charge. I was at .08 right at the legal limit but I got a dui and I think the breath test thing wasn't working right. I only had two beers over an hour. I wasn't driving bad or anything. I just got stopped for slightly speeding (41 in a 35 zone). How can I fight this. I was not drunk driving and I can't have this on my record! I also heard it can cost $10,000 for a DUI and I can't afford that!!! Please help. Thank you in advance.

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    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    There are many ways to present a defense to the DUI charge. you were right on the borderline, but under Illinois law, were under the influence. You were speeding, albeit only 6 mph over, but that is "erratic driving", nevertheless. Two beers within an hour period possible could have put you on the borderline for a DUI. You need to hire a lawyer to represent you in this case. The lawyer can request discovery, which consists of all police reports and test results involved in the case. He can call experts in your defense, if necessary, to question the validity of the breath test. He can file motions, work out a plea bargain, or proceed to trial in your behalf, with your best interests in mind. Although the fine could be $10000, that is a maximum fine. Be aware that almost never are maximum fines imposed. If you are a first time offender, you might even get the DUI reduced to reckless driving, or put on some court diversion program, which will not result in a permanent mark being placed on your criminal record. Listen to your lawyer, he will know how to deal with this problem for you.
    Answer Applies to: Illinois - Replied: 3/7/2013
    Harold L. Wallin | The Law Offices of Harold L. Wallin
    33 North Dearborn St
    Chicago, IL 60602
    (312) 346-7730
    You are not going to be able to fight a DUI case yourself. You need representation.
    Answer Applies to: Illinois - Replied: 3/7/2013
    Louis J. Meyer | Meyer & Kiss, LLC
    311 W. Stratford Drive
    Peoria, IL 61614
    (309) 713-3751
    You need to hire an attorney. You can fight the breath test.

    There are arguments that at the time of the stop, you were below the legal limit but at the time of the test, it was rising.

    It helps that you were not stopped for bad driving. Hardly speeding helps as well.

    Did you perform the field sobriety tests? If yes, how do you think you did? Was it on video? Where in Illinois did this happen?

    If you beat the case, you will not have to pay all the fines and classes you will be required to take.

    A decent attorney would charge you in the range of $2,000 to $4,000. Be careful with attorneys that say they will charge you $500. They might just want you to enter into a plea deal. Feel free to contact me to discuss your options.
    Answer Applies to: Illinois - Replied: 3/7/2013
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