Canton DUI Lawyers and Fulton County DUI Attorneys

The Canton DUI lawyers of Gullberg & Box recognize the state of Illinois has one of the most complex DUI laws in the nation, and one of the toughest DUI laws on a driver charged with DUI. Proof that many of the state's laws are skewed against the driver in favor of the prosecution can be in the statistics. In 2006, for example, more than 50,000 citizens had their licenses suspended or revoked based on the state's.

This, despite the fact driving after consuming alcohol is NOT in an unlawful act unless you are impaired or have a blood alcohol content above the defined legal limit.

If you are driving a vehicle after you have consumed alcohol and are stopped by a law enforcement officer, it's likely you have a number of questions. In order to keep from being confused, it's important you know and remember your basic rights.

If you've been taken into custody for DUI in Fulton County, call the Canton DUI attorneys of Gullberg & Box today at (309) 768-2015 to find out how they can protect your rights and freedoms.

While the Canton DUI lawyers of Gullberg & Box do not condone drinking and driving, they recognize everyone makes mistakes. They work hard to protect the rights and freedoms of their clients, including those who have made a mistake. In order for you to do your part in protecting your freedoms, it's important you know your rights if you are pulled over by a law enforcement official while driving after having consumed alcohol.

In order to preserve your rights and freedoms, the Canton DUI lawyers of Gullberg & Box know it's valuable for you to understand the difference between a traffic stop and being placed under arrest.

While a traffic stop in Illinois is a brief and public detention of a driver, an arrest is the detention of a person from which they are not free to leave. During a traffic stop an officer does not have to warn you of your Miranda rights (that anything you say can be used against you, that you have the right to remain silent, and that you have the right to consult an attorney). If you are questioned after an arrest an officer is required to warn you of your Miranda rights.

It's generally unlikely for a law enforcement officers to advise you of your Miranda rights during the traffic stop, it's important drivers take the time to learn their rights ahead of time. It's during the traffic stop that most of the key incriminating statements and conduct in a DUI case happens.

If you have been read your rights and taken into custody for DUI in Fulton County, call the Canton DUI attorneys of Gullberg & Box today at (309) 768-2015 to find out how you can protect your rights and freedoms moving forward.

It's important for a Canton DUI lawyer know you understand that if you're pulled over for suspicion of DUI, most of what the officer says and does will be for the purpose of collecting information to support a DUI arrest. Information they collect may include answers you give to questions, the odor of alcohol on your breath, bloodshot eyes, erratic driving, confusion in finding your registration, slurred speech, and your performance on field sobriety tests. The officer may form "probable cause" to arrest you for DUI if they form a reasonable belief you may be impaired in driving due to the consumption of alcohol from the information they've collected.

The two most incriminating "pre-arrest" things for you to consider are 1) answers to an officer's questions and 2) field sobriety tests.

If you've been taken into custody for DUI in Fulton County due to probable cause, call the Canton DUI lawyers of Gullberg & Box today at (309) 768-2015 to find out how you can protect your rights and freedoms moving forward.

Fulton County DUI lawyers want you to understand your basic Fifth Amendment right to remain silent. Under this amendment you do not have to answer the question. A proper response to an officer if they ask you this might be "I choose not to answer that question." The purpose of this amendment is for you to not incriminate yourself.

It's important to Fulton County DUI attorneys you remember this because many people respond to the question by saying they've "only had a couple" of drinks. This answer constitutes an admission of drinking and gives an officer probably cause for a DUI arrest.

The only thing a driver stopped for a traffic violation must give to an officer is their name, driver's license, vehicle registration, and proof of insurance. They have the right to decline any further questions or information based on their Fifth Amendment rights.

If you've told an officer you've had "just a couple of drinks," call the Canton DUI attorneys of Gullberg & Box today at (309) 768-2015.

The Canton DUI lawyers of Gullberg & Box recognize you might have questions about the field sobriety tests. It's important you understand what they are in order to avoid incriminating yourself in any DUI case.

Field Sobriety Tests are psychophysical tests developed by the National Highway Traffic Safety Administration (NHTSA). The purpose of these tests is to allow a properly trained law officer to asses a DUI suspect's mental and physical impairment. The NHTSA says their tests focus on the abilities needed for safe driving which are balance, coordination, and information processing.

To Canton DUI lawyers, it's imperative you remember field sobriety tests actually begin as soon as you begin face to face contact with an officer. Testing then continues as you exit the car and they observe the manner in which you exit, and walk, from your automobile. Upon exiting your car an officer typically administers four tests. They are the portable-preliminary breath test (designed to test your blood alcohol content at the time of your stop), horizontal gaze nystagmus test (testing the involuntary jerking of your eyes, which may happen quicker if you are intoxicated), walk and turn test (designed to test your mental and physical abilities to drive), and the one-leg stand (also designed to test your mental and physical abilities to drive).

You can refuse to submit to field sobriety tests, but if you refuse to submit to the horizontal gaze nystagmys test, the walk and turn, or the one-leg stand, the fact of your refusal can be introduced in court. While refusing to take the breath test can not be used against you in court due to your Fifth Amendment rights, those same rights do not include your right to not incriminate yourself by performing field sobriety tests.

If you are arrested for DUI in Illinois, your license will be temporarily suspended regardless of whether or not you submit to field sobriety testing. It's important for your Canton DUI lawyer to know you understand that if your case goes to trial, a refusal to take field sobriety tests can be allowed in evidence, and may be deemed to be evidence of consciousness of guilt. Basically, a refusal to take the test may be seen as you knowing you would fail if you took the tests. At the same time, you should be permitted to explain your reasons for refusal.

If you've failed, or refused to submit to, a field sobriety test, call the Canton DUI attorneys of Gullberg & Box today at (309) 768-2015 to find out how you can protect your rights and freedoms moving forward.

The testimonial, endorsement, or recommendation of our client reflects that particular client's experience with us. Each case is unique.

By law in Illinois, if you are driving a car you are giving implied consent to be tested for intoxication if you are pulled over. The Fulton County DUI attorneys of Gullberg & Box want you to know that, if you refuse to blow into the breath analysis machine, there are penalties which will apply.

The blood alcohol concentration (BAC) record taken from a breath analysis machine is generally the key piece of evidence which can convict someone of a DUI. Unless your BAC is under .05, there is no presumption you were not driving under the influence. With a BAC of between .05 and .08 you can still be acquitted or convicted, and if you blow above a .08, there is a presumption that you were driving under the influence.

Without a BAC reading, the case becomes not only more difficult for a prosecutor to win, but much more favorable for an experienced Canton DUI lawyer in terms of negotiation a favorable result or winning at trial.

If you refuse to submit to a breath test your license will be suspended for one year if you are a first time offender, or three years if this is your second or more DUI arrest. If you blow into the machine, your license is suspended for only six months.

Even if your license is suspended, you may still be eligible to drive after 30 days. If you are a first offender (meaning you have not been convicted of DUI before, or you have not been under supervision for a DUI in the past five years), refusing a breath test does not make you ineligible to receive a monitoring device driving permit.

If you are convicted of DUI in Illinois, you're license will be suspended for one year (first time offenders) or three years (second or more) regardless of whether or not you blew into the machine.

No matter if you're a first or repeat offender, being charged with a DUI is a serious criminal offense. If you've been charged with a DUI, call the Canton DUI lawyers of Gullberg & Box today at (309) 768-2015 to ensure you have a skilled, experienced Canton DUI attorney on your side.

An experienced Canton DUI lawyer, Bill begins each case with with the objective of having it either dismissed or substantially reduced. If he can not get a favorable resolution from the state, he uses his experience and the DUI forensic experts at his disposal to aggressively prepare his client's case for trial.

Canton DUI lawyer Bill Gullberg's experience includes 18 years of practice in the city of Chicago. While there he worked for Continental Illinois Bank and a firm on LaSalle street before starting his own firm, which he moved downstate in 1997.

A graduate of the University of Illinois School of Law, bill is a member of the National College for DUI Defense, the Illinois State Bar Association, the Warren County bar Association, and the Henderson County Bar Association.

Being charged with a DUI is a serious criminal offense. If you've been charged with a DUI, call the Canton DUI lawyers of Gullberg & Box today at (309) 768-2015 to ensure you have a skilled, experienced Canton DUI lawyer on your side.

A 2006 graduate of the SIU School of Law, Meagan's professional experience includes a year of working as the alternate public defender in Henderson County, Illinois. While in this position Megan worked to defend and protect the rights, freedoms, and property of her clients in a wide range of criminal matters including DUI, battery, theft, drug charges, and arson.

Megan is licensed to practice in Illinois and handles OWI cases in the Iowa counties of Des Moines, Lee, and Scott.

Being charged with a DUI is a serious criminal offense. If you've been charged with a DUI, call the Canton DUI attorneys of Gullberg & Box today at (309) 768-2015 to ensure you have a skilled, experienced Canton DUI attorney on your side.