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.