Arrest for Driving Under the Influence (DUI)

1) I've just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

2) At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

3) The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

4) The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

5) For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

• A first offense will result in a 4-month suspension.
• A second or subsequent offense within 7 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

6) Do I need a hearing to get a restricted license to go to and from work?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.

7) The officer stated I refused to take a chemical test.  What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

• The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
• Both the blood or breath tests are not available, or
• You are a hemophiliac, or
• You are taking anticoagulant medication in conjunction with a heart condition.

8) How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

• A first offense will result in a 1-year suspension.
• A second offense within 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

• A first offense will result in a 1-year suspension.
• A second offense within 7 years will result in a 2-year revocation.
• A third or subsequent offense within 7 years will result in a 3-year revocation.

9) How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

 Please Call: 800-KICK DUI
800-542-5384

MEMBERSHIPS: 1980, Illinois; 1981, U.S. District Court, Northern District of Illinois; North Suburban and American Bar Associations; National Association of Criminal Defense Lawyers

PRACTICE AREAS: Criminal Defense Litigation in State and Federal Courts including White Collar Crimes, Criminal Law, Immigration Law, Drug Crimes, Driving While Intoxicated, Felonies, Homicide, Juvenile, Misdemeanors, Parole and Probation, Sexual Assault and Traffic Violations.

EDUCATION: Washburn University, B.A., 1966; De Paul University, J.D., 1978

What to do if stopped for a DUI – Do’s and Don’ts

 DO :
                                                                 

·        Conduct yourself in a polite, courteous and cooperative manner.

·        Provide license, registration and proof of insurance when requested.

·        Invoke your right to remain silent.

·        Demand an immediate, private and free call to an attorney.

·        Ask for a sample of your blood, breath or urine to be preserved for an independent testing.

·        Invoke your right to obtain an independent chemical test of your blood or urine.

·        Contact us for a free case evaluation and to avoid an automatic driver's license suspension.

DON’T :

·        Don't perform any coordination, balance or eye tests.

·        Don't submit to a Portable Breath Test (A “PBT” is a portable, handheld breath testing device). A PBT is different than an Intoxilyzer – the actual machine that the officer may have you breath into later. You should contact an experienced DUI attorney to advise you whether you should submit to a later blood or chemical test.

·        Don't consent to a search of your person or your car.

Please Call: 800-KICK DUI

 Please Call: 800-KICK DUI
800-542-5384

Attorney Robert Pantoga

Experienced Defense Attorney & Trial Lawyer

Defending the Accused since 1980

"As a criminal defense attorney, when I enter the courtroom I am driven to aggresively defend my client's innocence.  My goal is to get my clients the best possible outcome."
-Mr. Pantoga

Courtroom Experience

    Mr. Pantoga has been practicing Criminal Defense law since 1980.  Over the years he has represented thousands of clients in traffic, misdemeanor, felony, and federal court.  Much of Mr. Pantoga's experience is with drug related crime and DUI law.  However, regardless of the case facts, Mr. Pantoga has the courtroom experience needed to help you.

    Having an experienced attorney at your side in court can be a factor in the outcome of the case.   Don't gamble with your future, hire experienced Attorney Robert Pantoga as your legal counsel.

Drug Conspiracy: NOT GUILTY VERDICT

    Robert Pantoga represented a man who, although innocent, was charged with distribution of 50 kilograms of cocaine.  The prosecutor thought that he had a sure conviction, however, defense attorney Mr. Pantoga was able to prove to the jury that his client was not guilty, resulting in a huge jury verdict of NOT GUILTY.

 Please Call: 800-KICK DUI
800-542-5384

Criminal Defense

For a free consultation over the phone, at your home, at the jail, or at the Law Offices of Robert Pantoga, call (847)-328-9600

Charge:
Drug Possession | DUI | Suspended DL | Theft | Traffic | misdemeanor | Felony | Personal Injury | Workers' Compensation

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DUI

    In addition to drug cases, Mr. Pantoga has a wide range of experience with DUI Law.  When a DUI arrest is made, two seperate but equal legal proceedings occur.  There is the criminal proceeding - this determines your guilt or innocence in the case.  There is also the DMV administrative proceeding - this is the proceeding that either suspends or revokes your driving privaledges.  If you are charged with a DUI, it is very important that you speak to Mr. Pantoga immediately about your case.  Mr. Pantoga has been representing clients in DUI court since 1980.  If you have been charged with a DUI, don't gamble with your future, call Mr. Pantoga to see what he can do for you as your legal counsel.

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Drug Poss. / Controlled Substance

    Much of Mr. Pantoga's caseload seems to involve possession of a controlled substance or drug possession.  Whether your case is a misdemeanor or a felony, Attorney Robert Pantoga has the necessary experience to fight your case.  Mr. Pantoga has represented clients charged with as little as a few grams of marijuana as well as clients charged with much larger quantities - 200 kilograms of cocaine, for example.  Mr. Pantoga's wide range of experience in drug offenses can help you.  Call Mr. Pantoga and see what he can do for you as your legal counsel.

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Suspended DL

    Mr. Pantoga understands the importance of having a valid drivers license.  Having a suspended license can take a toll on your personal life as well as your family life.  It can make transportation difficult.  In 2008, Mr. Pantoga represented a teenager, age 19, in a case where he was caught driving on a suspended license while on his way home from the grocery store to pick up his mothers groceries.  The suspension was set to end just a month later.  With Mr. Pantoga defending him in court, the teenagers suspension and driving while suspended case was successfully defended.  Call Mr. Pantoga today if you have been caught driving on a suspended license.

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Theft

    Retail theft can ruin future employment opportunities.  Many employers don't hire applicants who have a criminal history of theft.  If you or a family member has been charged with theft, call Mr. Pantoga immediately to schedule a free consultation and see what Mr. Pantoga can do for you as your legal counsel.

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Traffic Court

    Mr. Pantoga is very familiar with traffic court.  It is still important to hire a lawyer to take care of a speeding ticket or other moving violations even though it is not a criminal matter. Call Mr. Pantoga for a free consultation to see why you should hire a lawyer for your traffic ticket.

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Misdemeanor Court

    Mr. Pantoga is a criminal defense attorney.  If you have a case in misdemeanor court that has not been discussed on this page, call Attorney Robert Pantoga at (847) 328-9600.  Mr. Pantoga has been in practice since 1980 and has experience in all areas of criminal law, call today to see what Mr. Pantoga can do for you as your legal counsel.

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Felony Court

    Mr. Pantoga is a criminal defense attorney.  If you have a case in felony court that has not been discussed on this page, call Attorney Robert Pantoga at (847) 328-9600.  Mr. Pantoga has been in practice since 1980 and has experience in all areas of criminal court, call today to see what Mr. Pantoga can do for you as your legal counsel.

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Personal Injury Referral

    If you have been injured and believe you have a personal injury lawsuit, call Attorney Robert Pantoga at (847) 328-9600 immediately.

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Workers' Comp. Referral

    If you have been injured at work and believe you deserve workers' compensation, call Mr. Pantoga at (847)328-9600 immediately.

 Please Call: 800-KICK DUI
800-542-5384

In addition to drug cases, Mr. Pantoga has a wide range of experience with DUI Law.  When a DUI arrest is made, two seperate but equal legal proceedings occur.  There is the criminal proceeding - this determines your guilt or innocence in the case.  There is also the DMV administrative proceeding - this is the proceeding that either suspends or revokes your driving privaledges.  If you are charged with a DUI, it is very important that you speak to Mr. Pantoga immediately about your case.  Mr. Pantoga has been representing clients in DUI court since 1980.  If you have been charged with a DUI, don't gamble with your future, call Mr. Pantoga to see what he can do for you as your legal counsel.

Illinois Cook lake McHenry DuPage Kane Counties DUI Lawyer