Alcohol & Drugs: DUI, DWI DUI in Illinois, advice appreciated..

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needlotsohelp

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I am 20 years old and I feel that I was unfairly given a DUI over the weekend. I was also charged with illegal consumption, but the details surrounding the entire thing make me feel like I might have a chance to fight it and win.
I was on a college campus in a private parking lot of an apartment building that one of my friends lived in. Two other friends and I were walking back to my car(After we walked back from another friends house) to grab our belongings to spend the night. We all got to the car and I turned the key one notch to the right just so I had access to the radio and then pulled the keys out of the ignition. The car itself was never turned on, and we weren't planning on driving anywhere. The police arrested all three of us, they proceeded to ask me to take a breathalizer and field sobriety tests. I told them that I would like to speak with my lawyer before I take any action because I didn't want to dig myself into a deeper hole without my lawyer on hand. The police informed me that was not a possibility and said I was going to be booked and charged with DUI and illegal consumption of alcohol.
The entire time I was in shock; the car was off, the keys weren't in the ignition(except the one second I turned on the radio, which was before the police arrived), We were in a private parking lot just trying to grab our stuff to spend the night. I never took any field tests or took the breathalizer, what are my chances of being able to hire a lawyer and fight this? All the advice I can read is appreciated.
 
pretty good.

Case in Michigan involving a Judge, and her charges were dismissed.

Looks up beverly nettles-nickerson in the news on google, etc. You can make pretty much the same argument. . .

You should still hire an attorney.
 
It will all depend on what qualifies as DUI in Illinois. If all that is required is a key in the ignition, you could be in trouble.

Also, if you refused to take a mandatory chemical test after you were arrested, you likely face a mandatory licensed suspension even if you are not later convicted.

Remember, the state has to prove the element of driving (however that is defined in IL) and that you were impaired. if they lack a chemical test, they will have to base it on their observations. Now, if you are under 21 and your state has a zero tolerance law for drivers under 21, then you could be in trouble if they even SMELLED the alcohol on your breath.

You have two or three problems here, so you really should consult an attorney.

- Carl
 
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