Herzberg Law Firm

Aggravated DUI in Chicago – Serious Charges Require Serious Defense

Tue, 10 Feb 2026 05:00:03 GMT

An Aggravated DUI is far more serious than a standard DUI charge in Illinois. These cases carry felony penalties and can permanently alter your life. If you or a loved one is facing an aggravated DUI charge in Chicago, immediate legal representation is essential.

What Makes a DUI “Aggravated” in Illinois?

A DUI may be charged as aggravated if certain factors are present, including:

Multiple prior DUI convictions
DUI causing bodily harm or death
Driving with a minor in the vehicle
Driving without a valid license or insurance
DUI in a school zone or construction zone

Aggravated DUI charges are typically classified as felonies, not misdemeanors.

Penalties for Aggravated DUI

Penalties may include:

Lengthy prison sentences
Permanent driver’s license revocation
Thousands of dollars in fines
Mandatory treatment programs
Felony criminal record

The long-term consequences can affect employment, housing, and civil rights.

Why Aggravated DUI Cases Are Complex

Aggravated DUI cases often involve:

Accident reconstruction
Medical evidence
Expert testimony
Multiple witnesses

These cases require a defense attorney with the experience, resources, and legal knowledge to challenge the prosecution’s evidence and protect your rights.

Herzberg Law Firm: Defending Aggravated DUI Cases in Chicago

Herzberg Law Firm has a strong reputation for handling complex and high-stakes DUI cases in Chicago. The firm understands what is at stake in aggravated DUI cases and fights aggressively to minimize penalties or seek dismissal when possible.

Herzberg Law Firm provides:

Comprehensive case analysis
Strategic defense planning
Skilled courtroom representation
Dedicated client advocacy

If you are facing an aggravated DUI charge, time is critical. Hiring Herzberg Law Firm gives you an experienced legal team focused on defending your freedom and future.

Expungement for DUI Cases in Illinois – Can You Clear Your Record?

Tue, 03 Feb 2026 05:00:01 GMT

A DUI arrest or conviction can follow you for years, even after you’ve completed your sentence. Many people ask whether a DUI can be expunged or sealed in Illinois. The answer depends on the circumstances of your case—and having the right attorney can make all the difference.

DUI Convictions vs. DUI Arrests

In Illinois, DUI convictions cannot be expunged or sealed. However, DUI arrests that did not result in a conviction may be eligible for expungement or sealing under certain conditions.

This distinction is critical. If your DUI case was:

Dismissed
Reduced to a non-DUI offense
Resulted in a not-guilty verdict

You may have options to clean up your criminal record.

Why Expungement Matters

Even an arrest record can negatively impact your life. Background checks are commonly used by employers, landlords, and licensing agencies. An expunged record:

Removes the arrest from public view
Improves job and housing opportunities
Protects your reputation

Expungement allows you to move forward without being haunted by a past mistake.

The Expungement Process in Illinois

The expungement process involves:

Determining eligibility
Filing the correct petitions
Meeting waiting period requirements
Appearing in court if necessary

Mistakes in paperwork or filing can result in delays or denial. This is why legal representation is strongly recommended.

How Herzberg Law Firm Helps with DUI Expungement

Herzberg Law Firm assists Chicago clients with reviewing their DUI case history and determining whether expungement or sealing is possible. The firm handles every step of the process, ensuring accuracy and compliance with Illinois law.

Clients choose Herzberg Law Firm because of:

Deep knowledge of Illinois expungement laws
Attention to detail
Clear explanations of eligibility and timelines
Commitment to protecting clients’ futures

If you were arrested for DUI in Chicago and believe your case may qualify for expungement, Herzberg Law Firm can help you take the next step toward a clean slate.

DUI Cases in Chicago – What You Need to Know and How Herzberg Law Firm Can Help

Tue, 27 Jan 2026 20:02:31 GMT

Being charged with a DUI in Chicago can be overwhelming, confusing, and frightening. Illinois has some of the strictest DUI laws in the country, and even a first-time offense can carry serious consequences that affect your freedom, finances, and future. Understanding how DUI cases work and why experienced legal representation matters is critical if you want to protect your rights.

Understanding DUI Charges in Illinois

In Illinois, you can be charged with Driving Under the Influence (DUI) if your blood alcohol concentration (BAC) is 0.08% or higher, or if drugs—legal or illegal—impair your ability to drive safely. DUI charges are not limited to alcohol; prescription medications, marijuana, and other substances can also lead to arrest.

Law enforcement officers may use:

Field sobriety tests
Breathalyzer tests
Blood or urine testing

However, these tests are not always reliable. Improper procedures, faulty equipment, or unlawful traffic stops can all be challenged in court.

Penalties for DUI in Chicago

A DUI conviction can lead to:

License suspension or revocation

Heavy fines and court costs

Mandatory alcohol education or treatment programs

Increased insurance rates

Jail time, even for some first offenses

The penalties increase significantly if there are prior convictions, high BAC levels, or aggravating factors.

Why You Should Never Handle a DUI Case Alone

Many people assume they should simply plead guilty and move on—but this can be a costly mistake. A DUI conviction can remain on your record permanently in Illinois, affecting employment opportunities, professional licenses, and housing applications.

An experienced DUI attorney can:

Challenge the legality of the traffic stop
Question the accuracy of breath and blood tests
Identify violations of your constitutional rights
Negotiate reduced charges or alternative sentencing

Hire Herzberg Law Firm for DUI Defense in Chicago

When facing DUI charges, having the right legal team makes all the difference. Herzberg Law Firm has extensive experience representing DUI clients throughout Chicago and the surrounding areas. The firm understands Illinois DUI laws inside and out and takes a strategic, aggressive approach to defending clients.

Herzberg Law Firm is known for:

Personalized legal strategies
Thorough case investigations
Strong courtroom advocacy
Clear communication and guidance

If you are facing a DUI charge in Chicago, do not leave your future to chance. Contact Herzberg Law Firm to protect your rights and fight for the best possible outcome.

Four Rules About Driving While Under The Influence Of Alcohol And Cannabis

Tue, 18 Jul 2023 14:31:00 GMT

In Illinois, people who have celebrated their 21st birthday are legally allowed to consume alcohol and cannabis. People cannot use alcohol or cannabis within their vehicles but are allowed to consume before driving. It is legal to drive after consuming cannabis and alcohol so long as the person is not impaired by the alcohol or cannabis or does not have more than a statutory per se limit for alcohol or Delta 9 THC from cannabis in the blood or urine.

How much is legally too much? This depends on the individual and a myriad of factors including but not limited to time passage, the amount consumed, the size and metabolism of the individual, and the strength of the alcohol or cannabis. In other words, it is difficult to know whether one is over the per se limit. People are not usually good judges of their own impairment level. As such, it is difficult to know if one is impaired by alcohol or cannabis. So, what should a person do?

Four Rules

Rule Number 1: Do not risk driving after consuming alcohol or cannabis.

Rule Number 2: If you break Rule Number 1, follow all traffic laws. For example, make sure your lights are working if required, your registration and license are valid, you signal all turns and lane changes, you turn into the closest lane depending on whether you are turning right or left, you make complete stops at stop signs and at red lights before turning right where allowed, you keep your seatbelt fastened, and you stay off your cell phone. This is not an exhaustive list.

Rule Number 3: If you break Rule Number 1 and Rule Number 2 and are stopped by police, pull over carefully and parallel to the curb. Provide license and insurance documentation if asked. You do not have to guess why the police officer initiated a traffic stop. You do not have to answer questions about where you are going or where you have been. You do not have to admit to having consumed alcohol or cannabis. You do not have to consent to a search of your vehicle. (A search will be conducted after your arrest if you are arrested.)

Carefully exit the vehicle only if asked. You do not have to answer any questions before, during or after your arrest. You do not have to perform field sobriety tests at the scene of the traffic stop or at the police station. You do not have to provide a breath, blood, or urine sample to police. You may suffer a driver’s license suspension for failing to provide a breath, blood, or urine sample to police. (It is often easier to overturn the driver’s license suspension if a person does not speak or perform field sobriety tests).

If you break Rule Number 1 and Rule Number 2 and are stopped by police, follow Rule Number 4.

Rule Number 4: if you are arrested for DUI in Cook or surrounding counties call or email Steven Herzberg and Herzberg Law Firm to provide a zealous defense against the charges. Steve has been practicing law for more than 22 years. He transitioned from a primarily civil practice to DUI defense before opening Herzberg Law Firm in 2017. Steve has focused his practice on DUI defense and defending against other traffic and criminal charges since March 2017. During those more than six years, Steve has successfully defended hundreds of clients against misdemeanor and felony DUI charges and earned hundreds of Statutory Summary Suspension rescissions for those clients.

*These thoughts are not meant to recommend or condone driving while under the influence of alcohol or cannabis.

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Don’t Be Your Own Worst Enemy…Silence Cannot Be Quoted

Wed, 21 Jun 2023 14:30:00 GMT

One of the many duties of a police officer is to respond to and to investigate auto accidents. It is unusual for the police officer to have witnessed the auto accident. Many auto accidents, especially at night involve one of the drivers being under the influence of alcohol or drugs, including cannabis. The police officers will try to determine which people were the drivers involved in the accident, how the accident occurred, who was at fault for the accident, and whether any driver was under the influence of alcohol, cannabis, or illegal drugs.

The police officer will likely speak with all people who may have witnessed the accident. The police officer may ask for identification and proof of insurance. The police officer may ask who was driving and how the accident occurred. The police officer will look for any indications that a driver may be under the influence or alcohol, cannabis, or illegal drugs.

If you are involved in an accident and have been drinking, using cannabis, or illegal drugs it is best to not answer questions. Anything you say can and will be used against you in a driving under the influence of alcohol, cannabis, or illegal drugs (DUI) prosecution in Illinois.

The United States and Illinois constitutions afford you certain rights. Use them to your benefit. You are within your rights to decline to answer questions. You are also free to politely refuse to perform any tests of your dexterity including the three National Highway Traffic Safety Administration (NHTSA) standard field sobriety tests. You may be arrested for DUI if you refuse to answer questions and perform standardized field sobriety tests. You will not give the police additional evidence of intoxication if you refuse questioning and testing.

My client was allegedly involved in an accident on Interstate 94, the Dan Ryan expressway in Chicago, Illinois. The interstate highways around Chicago are patrolled by Illinois State Police troopers. My client and drivers and passengers in other vehicles involved in the accident were relocated to a safe location off the expressway. My client was standing at the relocation scene when first approached by the Illinois State Trooper who eventually effectuated a DUI arrest.

My client made certain statements that were construed as admissions to driving. My client was quoted as saying, “I hit him,” when asked about the cause of the accident. This implied my client was the driver. Had my client responded, “I don’t know,” or not provided any response, the trooper could not have identified my client as the driver. A witness to the accident would have had to testify to prove driving .

My client also attempted to perform standardized field sobriety tests. The results of the standardized field sobriety tests arguably showed signs of consumption and impairment from alcohol. No additional signs of consumption and impairment would have been gleaned had my client refused standardized field sobriety tests.

My client’s case proceeded to trial. The only evidence that my client was driving was presented by the State’s sole witness, the Illinois State Trooper who arrested my client. No one who witnessed the accident was present to testify for the State. My client’s statement to the investigating Illinois State Trooper, “I hit him,” was sufficient to show my client was the driver involved in this accident. The results of the standardized field sobriety tests were enough to show impairment. My client was found guilty of DUI.

Don’t make the mistake my client made. Of course, do not drink, use cannabis, or illegal drugs and then drive. If you are being investigated after an accident or a traffic stop, do not provide evidence that can be used against you in court. If you are arrested for DUI in Cook and surrounding counties, call Steven Herzberg to represent you.

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Using Illinois Supreme Court Rule 216 To Earn Rescission Of A Statutory Summary Suspension

Wed, 31 May 2023 14:29:00 GMT

As discussed in previous blog posts, there is a civil and criminal law component to each driving under the influence of alcohol or drugs (DUI) arrest. Illinois Statutory Summary Suspension hearings are civil proceedings. The Statutory Summary Suspension law applies to people arrested on publicly owned or maintained roadways. Many Assistant State’s Attorneys will not contest a Petition to Rescind Statutory Summary Suspension if the police officer confirms he or she never saw the person on a publicly owned or maintained roadway and the arrest was on private property.

Some State’s Attorney’s offices believe it is its duty to contest Petitions to Rescind Statutory Summary Suspension even if the arrest and all related activities occur on what is obviously private property. This could be because it is the Petitioner’s burden to present a prima facie case for rescission of the Statutory Summary Suspension. The Petitioner must show he or she was not on a publicly owned or maintained roadway before the burden shifts to the State to present evidence the property is publicly owned or publicly maintained.

It is not enough to allege the person was found on a privately owned and maintained roadway, that everyone knows is not publicly owned or maintained such as a Walgreens parking lot, and the person was not seen on a publicly owned or maintained roadway. See People v. Relwani, 2019 IL 123385. Nor is it enough to elicit testimony that no police officer has observed any public entity maintain the alleged private roadway located on private property. See People v. Howard, 2022 IL App (3 ^rd ) 210134.

How is a Petitioner to shift the burden to the State to prove the roadway in question is not publicly owned or maintained and that the client never was seen on a publicly owned or maintained roadway? One way is to issue an Illinois Supreme Court Rule 216 Request to Admit Facts to the State’s Attorney’s office. The State’s Attorney’s office has 28 days from the date of service of the Request to Admit Facts to respond to the Request to Admit Facts. The State must either admit, deny, or deny based on insufficient knowledge. Failure to respond in a timely fashion could result in all facts being admitted. The State is required to perform a good faith investigation to provide an appropriate response to the facts requested.

The State would be subject to sanctions for denying a fact within its knowledge that is later proven to be true. The sanctions could include payment of costs spent to prove the fact denied in accord with Illinois Supreme Court Rule 219. These sanctions could include reasonable attorney’s fees.

I recently represented a client arrested for DUI after parking in a Speedway station in one of the counties south and west of Cook County. The client had been parked there for several minutes. It appears no police officer knew when he arrived at the Speedway station or saw him drive on any streets surrounding the Speedway station. Notwithstanding, the client was issued a Notice of Statutory Summary Suspension.

I issued Illinois Supreme Court Rule 216 Request to Admit Facts upon the State. The State denied it had sufficient knowledge to answer the requests about police knowledge of where the vehicle was located, and the requests related to ownership and maintenance of the Speedway station. This is a default denial of a Request to Admit.

I sent a letter objecting to the State’s responses as inadequate. I reminded the State that I would seek sanctions including attorney’s fees pursuant to Illinois Supreme Court Rule 219 if I had to purchase a title and fully investigate whether the State denied facts that were true. In response to my letter, the State agreed not to contest the Petition to Rescind Statutory Summary Suspension.

Contact Steven Herzberg at Herzberg Law Firm when facing a DUI charge in Illinois and corresponding Statutory Summary Suspension of your driving privileges .

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I Attended A Victim Impact Panel Heres’s What I Learned

Wed, 10 May 2023 14:27:00 GMT

My goal in representing clients charged with Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is for the charge to be dismissed or for the client to be found not guilty of the charge. If that does not happen, a person who pleads guilty or is found guilty of DUI in Illinois is required to complete a Victim Impact Panel as part of the sentence.

Victim Impact Panels are produced by Mothers Against Drunk Driving (MADD) or the Alliance Against Intoxicated Motorists (AAIM). MADD is a national organization founded in California in 1980 by a mother whose daughter was killed by an impaired driver. AAIM is a local organization founded in 1982 with a goal of changing laws in Illinois to better protect people who use Illinois roadways.

Victim Impact Panels are currently offered as live, in-person programs and online beginning in 2020 due to COVID-19 pandemic precautions. Both approved providers charge $50.00 to attend a Victim Impact Panel.

I recently completed the AAIM online Victim Impact Panel. Signing up for the online AAIM program is easy on the AAIM website, www.AAIM1.org. The agency monitoring your progress in completing your sentence (the Cook County Social Service Department in Cook County) provides a code needed for signup. Credit and debit cards are accepted as payment.

The AAIM program lasts approximately 45 minutes. There is a 10-question quiz at the end of the program. You must score seven correct out of 10 to pass the Victim Impact Panel and be issued a certificate. You can retake the quiz if you do not receive a score of at least seven. I scored eight out of 10. I was not told which questions I answered incorrectly. I recommend taking notes during the presentation to help you pass the quiz.

You will receive a certificate showing you successfully completed the Victim Impact Panel after completing the course. You must provide a copy of the certificate to the agency monitoring your progress to be sure you are credited with attending.

A board member from AAIM provided introductory comments. Then the program I viewed was divided into two parts. First, a driver involved in a fatal DUI accident described details in his life and the events of the day that led to the death six people who stopped to assist people involved in a minor traffic accident. The driver’s words were accompanied by video of depicting the accident scene and news reports of the accident and its impact on the families of those injured and killed. The driver described the nearly eight years spent in the Department of Corrections where the DUI accident occurred. The driver is now sober and has been since the date of the DUI accident. He is now married and has children. He currently works as a substance abuse counselor.

The second speaker was a married father of three children who lost his entire family after the VW bus he was driving was struck head on by an impaired driver who crossed the median. He talked about his family and the great day they had at Great America in Gurnee. He recalled his younger daughter was unable to ride any of the roller coasters because she was not tall enough. Finally, as they were heading towards the exit, they happened upon a roller coaster the daughter was tall enough to ride. He stayed with her to ride the roller coaster even though he and his family were tired. He lamented that his family would probably be alive if he was a mean father and did not allow his daughter to ride that roller coaster.

The father described the impact with the other vehicle and the other driver’s detached reaction to being involved in a collision. Photographs showed the mangled body of the father’s wife and youngest daughter. The father described and photographs showed his son lying on the bloodstained pavement. He described his son and older daughter gasping for their last breaths. Finally, he talked about being threatened by the driver that caused the fatal DUI accident after the driver completed his sentence in the Illinois Department of Corrections and was released from custody.

The anguish in the voices of the impaired driver and of the father who lost his family because of an impaired driver affected me. These first-person accounts of the effect impaired driving had on the lives of the people involved were indeed impactful. I know I will think twice about driving while impaired.

Contact Herzberg Law Firm if you are arrested for DUI in Illinois. Steven Herzberg will provide an aggressive defense of your DUI charges.

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Victim Impact Panel Basics

Mon, 03 Apr 2023 14:24:00 GMT

There are certain mandatory sentencing requirements if a person is found guilty or pleads guilty to Driving While Under the Influence of Alcohol or Drugs (DUI) in Illinois. One mandatory sentencing requirement is to attend a Victim Impact Panel. A Victim Impact Panel is designed to help DUI offenders recognize the lasting and long-term effects of impaired driving. Ideally, attending the VIP will leave a strong and permanent impression on the subject leading to a change in behavior regarding drinking and driving. The Victim Impact Panel can help deter future DUI offenses.

Accident victims and survivors of impaired driving briefly speak at a VIP. These speakers share a personal account of the impact impaired driving has had on the person’s life. The speakers do not judge. Instead, each tells his or her personal story, offering a first-person account of the impact impaired driving has had and will continue to have on the person’s life. These personal stories are intended to impress upon the subject that choosing to drive while impaired is not a victimless crime.

The Alliance Against Intoxicated Motorists (AIMM) is an organization that is approved to provide online Victim Impact Panels following Illinois DUI guilty findings. AIMM’s main offices are in Schaumburg. AIMM VIP registration is online at its website, www.aaim1.org . AIMM charges $50.00 for a VIP. The online program is approximately one hour long. It consists of a video and a mandatory test. You must complete the video and the mandatory test in one sitting. Failure to score of 70 percent on the mandatory test will necessitate reviewing the video and retaking the test.

Similarly, Mothers Against Drunk Driving (MADD) also offers an online VIP. The MADD VIP costs $75.00. The MADD VIP is longer than the AAIM VIP. You can stop and start the MADD VIP once you begin viewing. MADD VIPs can be accessed online at www.MADD.org.

Contact Steven Herzberg to defend you if you are charged with DUI in Illinois. Hopefully, you will not be found guilty or plead guilty to a DUI charge and be required to attend a Victim Impact Panel as part of a sentence for DUI.

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Don’t Let The Expense Of An Attorney Prevent You From Retaining DUI Defense Attorney Steven Herzberg Immediately After Your DUI Arrest

Wed, 15 Mar 2023 14:22:00 GMT

Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is a serious criminal offense. There are many potential outcomes to a DUI case. DUI can be charged as a misdemeanor or a felony, depending on the circumstances. Criminal penalties can range from a minimum sentence of Court Supervision with conditions for a first misdemeanor DUI offense to a conviction resulting in driver’s license revocation and up to one year in the Department of Corrections in the county of your arrest with conditions for a first or second misdemeanor DUI offense. A felony conviction will result in a driver’s license revocation and could result in a sentence of probation or a sentence of more than one year in the Illinois Department of Corrections (IDOC) followed by a period of mandatory supervised release.

A person charged with DUI, whether charged as a misdemeanor or a felony, needs the representation of a criminal defense attorney well-versed in DUI law and defense. Steven Herzberg is one such defense attorney. Steven will work on both the criminal case and the other case resulting from a DUI, the driver’s license Statutory Summary Suspension (SSS) civil case.

A person charged with any crime may be required to post a cash bond to be released from custody following an arrest. In addition to any cash bond, a person charged with DUI will have his or her vehicle impounded following a DUI arrest. The person arrested will have to pay an administrative fee and a towing fee before the person can retrieve his or her vehicle from the auto pound. The administrative fee ranges from $500.00 to more than $2,000.00 depending on the municipality effectuating the arrest.

Steven Herzberg knows it is essential to retain a qualified DUI attorney as soon as possible after an arrest. This way, the attorney can begin defense by filing court documents to preserve the right to a hearing on the civil SSS. The sooner the court documents are filed, the sooner you would be entitled to a hearing on the SSS issue. A person charged with DUI has the best chance to win rescission of the SSS if the person retains a qualified DUI defense attorney as soon as possible after arrest. Promptly retaining a qualified DUI defense attorney increases the chances of winning rescission of the SSS before the SSS begins on the 46 ^th day after arrest.

You may think you cannot afford a criminal attorney to handle your defense after paying a bond for release from custody and hundreds or even thousands of dollars for the release of your vehicle. Steven Herzberg has been defending people charged with DUI for more than a decade. He knows these initial costs make it difficult to pay a large initial retainer to an attorney.

A DUI case can take months or even more than a year to resolve depending on many variables. Steven Herzberg accepts a reasonable initial payment followed by monthly payments because he understands the unique initial financial costs and the stress of a DUI arrest. Contact Steven Herzberg as soon as you can following a DUI arrest. His knowledge of and focus on the practice of DUI law and his understanding on the financial effects of a DUI the arrest make him a great partner as your criminal defense attorney.

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Private Attorney or Public Defender

Mon, 06 Mar 2023 12:15:34 GMT

As mentioned in other blogs, there are two cases within nearly every Illinois Driving Under the Influence of Alcohol or Drugs (DUI) case . There is the criminal part to every DUI arrest. A person charged with DUI, even a first offender is subject to a maximum jail term of 364 days in a county jail. A felony DUI offender could be subject to a term in the Illinois Department of Corrections. Additionally, a driver’s license Statutory Summary Suspension results from nearly every DUI arrest. This civil penalty begins on the 46th day after arrest and lasts for a minimum of six months to a maximum of three years and until the Secretary of State reinstates driving privileges.

An indigent person in Illinois is entitled to the services of the Public Defender’s Office for representation in a criminal case that has a potential for a jail or prison term. This includes DUI cases. The Public Defender’s Office is prohibited from representing a person arrested in a Statutory Summary Suspension hearing, as this is a civil rather than a criminal matter.

A judge must appoint a Public Defender. Appointment is not automatic. It depends on the finances of the person requesting the services of the Public Defender. The person arrested would not have to pay a legal fee for representation in the criminal DUI case if the judge appoints the Public Defender’s Office. The Public Defender’s Office cannot represent the client in the civil Statutory Summary Suspension portion of the DUI case.

As noted, a person arrested and charged with DUI is essentially fighting two separate cases arising from the same arrest. Besides the criminal case, the person arrested is also faced with a Statutory Summary Suspension of driving privileges effective on the 46th day after arrest. There is a hearing process to try to overturn the driver’s license suspension. The Public Defender is not allowed to represent you in the civil Statutory Summary Suspension part of the case. The Public Defender is only allowed to represent you in the criminal DUI case. Appointment of the Public Defender’s Office prevents you from fighting the driver’s license Statutory Summary Suspension arising out of the DUI arrest.

A Public Defender has an enormous caseload. A private attorney is usually more accessible and is more likely to be familiar with your case. This attention to detail could be the difference between winning and losing your DUI case. Additionally, the private attorney’s fee should include representation related to the civil Statutory Summary Suspension part of the case.

Steven Herzberg of Herzberg Law Firm understands the financial hardship caused by a DUI arrest. That’s why he accepts a reduced initial retainer and monthly payments. Both the criminal DUI case and the civil Statutory Summary Suspension issued are included in representation. Don’t let the cost of retaining a private attorney stop you from asserting your rights and protecting your driver’s license by fighting the Statutory Summary Suspension of your driver’s license.

The Big Game Means Extra DUI Enforcement This Sunday

Fri, 10 Feb 2023 12:22:21 GMT

The first big game was January 15, 1968, at the Los Angeles Coliseum. The NFL champion Green Bay Packers led by Bart Starr defeated the upstart AFL champion Kansas City Chiefs by a score of 35 to 10. Now, some 56 years later, the game has taken on “super” importance in American society. According to statista.com, more than 99 million people in the United States watched last year’s big game between the Cincinnati Bengals and the Los Angeles Rams.

This year should be another spectacular game. Kansas City against Philadelphia. Two great offenses with physical defenses. I’m looking forward to watching the game with friends and family. And let’s not forget the halftime extravaganza.

I have been attending or hosting parties to watch the big game since the 1970s. I returned from my honeymoon just in time to watch the Chicago Bears become NFL champions after the 1985 season. Barbecued pork, chicken wings, chips, chili, gumbo, and red beans and rice (with and without andouille sausage) are among the menu items at these parties. People drink alcohol at these Sunday big game parties.

Police are people, too. Police do not live in a vacuum. If history is a guide, police will be out in large numbers looking for impaired drivers. Unfortunately, I anticipate receiving several calls in the week following the big game looking for representation to defend against a Driving Under the Influence of Alcohol of Drugs (DUI) charge .

It is never a good idea to drink and then drive. It is difficult to know whether you are impaired. If you drink during the big game, do not drive after. It is not worth the risk. Arrange for a sober ride home.

Police can arrest you even if you have had only one drink. It does not matter if you do not believe you are impaired. You will have to defend against the charges even if you are innocent.

Steven Herzberg focuses his practice on defense of people charged with DUI. Call Steve as soon as possible if you are arrested for DUI. He can help reach the best result following a DUI arrest.

DUI and A Commercial Drivers License

Wed, 25 Jan 2023 12:23:27 GMT

Drive down any major highway in Illinois. You will see thousands of trucks bound for locations across the country. These 18-wheelers deliver raw materials and the finished goods we use every day. You’ve heard the slogan, “If you bought it, a truck brought it.” Nothing could be truer.

The federal government regulates interstate commerce and the trucks that use the highways. The federal government is charged with promoting highway safety. As such, truck drivers are subject to significant state and federal regulation. A person must obtain a Commercial Driver’s License (CDL) to drive 18-wheelers (and other large vehicles) in Illinois. One must have a CDL to drive 18-wheelers and to earn a living as a CDL holder. Losing a CDL because of a Driving Under the Influence of Alcohol or Drugs (DUI) charge can lead to immediate job loss and have devastating legal and financial consequences.

Steven Herzberg uses his extensive experience defending CDL holders charged with DUI to reach the best result for the client. Steven Herzberg takes quick action to try to preserve your CDL, immediately filing court pleadings to fight the Statutory Summary Suspension/Disqualification (SSS/D) of a CDL following a DUI arrest and, in appropriate circumstances, beginning negotiation with the prosecutor.

A person with an Illinois CDL is licensed to drive commercial vehicles and passenger vehicles. CDL holders are federally regulated because drivers often travel between states. An arrest of a CDL holder for DUI in Illinois implicates federal and state statutes. A DUI arrest effects on a CDL holder to drive passenger vehicles only implicates state statutes.

The legal limit for alcohol, when driving a passenger vehicle is .08 g/210L, the same as a non-CDL holder. The limit is reduced to .04g/210L, when the CDL holder is driving a commercial vehicle. A limit is further reduced to .02g/210L if the CDL holder is transporting hazardous materials.

A DUI arrest has a civil and criminal component. A CDL holder suffers stricter consequences on the ability to legally drive a truck following a DUI arrest when compared with the consequences on the ability to legally drive a passenger vehicle.

First, the civil consequences to a CDL holder. Failure to complete chemical testing or completing chemical testing with a result in violation of the DUI statute leads to a 12-month CDL SSS/D for a first offender. The SSS/D begins on the 46th day after arrest. A second failure to complete chemical testing or completing testing with a result in violation of the DUI statute results in a lifetime CDL SSS/D on the 46th day after arrest. Prompt action gives the CDL holder the best chance to win rescission of the SSS/D, possibly before the SSS/D begins. A rescission is the reversal of the SSS/D, so the record of the SSS/D is not on your driving record.

As with any criminal charge, the burden is on the State to prove the accused guilty beyond a reasonable doubt of violating the DUI statute. If you are a first-time DUI offender and the State meets its burden of proof at trial or you plead guilty, you will suffer a one-year disqualification of your CDL. This is true, even if sentenced to Court Supervision. Your license to drive a passenger vehicle will not be affected if you successfully complete a sentence of Court Supervision. This is because federal regulation considers Court Supervision a conviction, unlike the Illinois Secretary of State. A second DUI conviction will result in a permanent revocation of a CDL. It will also cause the Illinois Secretary of State to revoke your license to drive passenger vehicles.

There are many possible outcomes for a CDL holder charged with DUI. Each case has different facts and each person charged has different goals for the outcome of the case. Time is very important in all DUI cases . This is especially true for a CDL holder. Contact Steven Herzberg today if you are a CDL holder and arrested for DUI. Steve has defended dozens of CDL holders arrested and charged with DUI in Illinois.

DUI Detection — Personal Contact

Thu, 17 Nov 2022 12:24:27 GMT

As noted in my recent blog post about the vehicle in motion, police officers receive extensive training in Driving Under the Influence of Alcohol or Drugs (DUI) detection and enforcement during police training. Additionally, police officers take refresher courses in DUI detection periodically throughout a police officer’s career. Police officers are trained using standards and procedures promulgated by the National Highway Traffic Safety Administration (NHTSA).

NHTSA publishes training and educational material for use by police officers in DUI detection and enforcement courses. These training manuals offer extensive, detailed information on the effects of alcohol and its impact on driving and motor skills. I am in possession of and have reviewed several of these NHTSA training manuals including instructor manuals, participant manuals and refresher manuals.

The manuals divide the areas of a DUI stop into phases. Phase 2 is the observations a police officer makes once the vehicle is stopped. This is called the Personal Contact portion of the DUI investigation. Police officers are taught that these following indicators are excellent predictors of DUI.

Police officers are trained to get as close as possible to a driver to make observations of his or her eyes and breath. Police officers are looking for an odor of alcoholic beverage and red, bloodshot, glassy eyes. Police officers are trained to observe whether a driver has difficulty operating the vehicle’s controls or whether a driver has difficulty finding a driver’s license and insurance information and removing those items from a wallet or purse.

Police officers will listen to responses to questions to see whether the person provides appropriate answers, whether the person provides consistent answers to the questions or whether the person is slow to respond to questions. Police officers will also listen to speech patterns attempting to determine whether speech is slurred, garbled or responses are delayed. A police officer is trained that repeating questions or comments could be an indicator of alcohol impairment.

Finally, police officers watch a person exit the vehicle. Difficulty exiting the vehicle, using the vehicle for support, swaying, unsteadiness, or balance issues could be indicators to the police officer that a driver may be impaired.

The police officer will note all behaviors exhibited in determining whether to continue a DUI investigation. Police officers are trained to lean towards continuing a DUI investigation even if only a few of the above indicators are exhibited.

A DUI defense attorney must have a good knowledge of NHTSA training. It is of the utmost importance your attorney knows what a police officer is looking for in a DUI investigation. Steven Herzberg focuses his practice on DUI defense. He studies DUI police training manuals so he knows how a police officer is supposed to be trained and when a police officer does not follow training. This knowledge is critical to a successful DUI defense.