Larry Lauterjung Law | Marion, IL
Lauterjung Law Office, Marion


Early in my career I wrote, The DUI Guide for Illinois Drivers, in which I explained the DUI arrest and post-arrest process. Since then I have written the new 2012 edition of the book, entitled, DUI Law for Drivers. (See this website’s home page for information about obtaining a copy) In both books, it has been my goal to try to tell drivers whether they should or should not take the breath test. In my analysis I discovered that there is no one answer to that question, and the choice depends on many different factors.

When you are arrested for DUI you have two battles to win: the criminal trial to determine whether you are guilty of DUI, and the civil suspension of your right to drive as a result of the arrest. You can be found not guilty of a DUI and still have your suspension remain in effect, or your suspension can be eliminated (or rescinded, in the language of the court and still be found guilty of a DUI. If you think you may be eligible for a public defender, and can prove your indigence to the court, one may be appointed. Some public defenders, who even though they are criminal attorneys, may help you with your civil license suspension -- while others may not. Like lawyers in general, some public defenders are masters at their craft, while others are not. I was once a public defender, and described my job as something between a fast food counter cashier, and an air traffic controller. But I had the perfect preparation for a private practice in DUI, working primarily as a DUI attorney for ten years, with more DUI clients than probably any other lawyer in Southern Illinois – literally thousands. Public defenders have no control over how many cases they handle, and have limited time to devote to their cases. In my current practice I only accept as many cases as I have time to handle, and can devote all the time needed to all my clients.

There are several different ways to attack a DUI arrest to try to find you not guilty and to get your driving privileges restored immediately. Lawyers can argue that the arresting officer had no proper reason to pull you over, that you did not fail the field sobriety tests, that there was not probable cause for the arrest, that Miranda warnings were not given properly, that the breath alcohol test was not done properly, that you have evidence that you were not under the influence, that improper paperwork used among several other arguments.

If you are considering hiring a private attorney for your DUI, call a few lawyers and ask what they charge for a DUI, then call me for a free consultation, and we’ll try to work something out.

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