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b2ap3_thumbnail_shutterstock_178343492-1.jpgIf you were a passenger in a vehicle with a drunk driver, you may be asking yourself whether you can be charged with a DUI. Although only the driver can be charged with a DUI, the prosecution may question whether or not you were behind the wheel. Let’s take a closer look at the elements of a DUI and what happens if you are arrested for one to help answer this question.

Elements of a DUI

In order to be charged with a DUI in Illinois, you must be driving or in actual physical control of the vehicle. The following must also be true:


b2ap3_thumbnail_shutterstock_132707411.jpgIf you have been arrested for a DUI for the first time, you are likely scared and unsure of what to expect. Fortunately, a DUI arrest does not automatically mean a conviction and there are things you can do to ensure the best possible outcome for your case. Below is some information to help you understand what to expect from a first time DUI arrest and tips on what you should do if you have been arrested.

First-Time DUI Penalties

When you get arrested for a DUI for the first time, you may feel like you are the only one to go through this. It is important to understand that you are not alone—as thousands of people get pulled over for driving under the influence in Illinois each year.


b2ap3_thumbnail_shutterstock_468856877.jpgIf you have a DUI on your criminal record and are searching for a job, you may be nervous about how potential employers will react when they find out about your DUI conviction. Here are some tips on how to explain your DUI on a job application or in an interview and increase your chances of landing the job. 

Is Disclosing a DUI Necessary?

It may be tempting not to mention your DUI while applying for a job. However, if an application asks you about your criminal history, it is important that you reveal your DUI. Since employers almost always run background checks prior to hiring employees, not mentioning your DUI can make you appear untrustworthy. In most cases, hiring managers and recruiters refrain from hiring candidates who were not honest about their criminal history. 


b2ap3_thumbnail_shutterstock_735997507.jpgWhen you get pulled over for a DUI, you will likely feel overwhelmed with thoughts and wonder whether you will lose your license, how your insurance company will react, and who you should talk to first. If you do get accused of a DUI, it is important to follow the following five steps.

  1. Document Everything. You should take the time to write down everything you can remember from your DUI arrest. Doing so can help you build a strong case and may help reduce or dismiss your charge. Some points that are vital to document include:
  • When and where you were stopped
  • Whether a breathalyzer test was administered
  • What the officer communicated to you and vice versa
  • What types of tests the officer conducted

2. Make Your Social Media Profiles Private. If your Facebook page shows pictures of you drinking the night of your DUI arrest, your arrest has a greater chance of turning into a conviction. Even if you are innocent, your photos can be taken out of context and taint your reputation. 

Therefore, you should remove any photos of yourself partying, drinking, or engaging in any type of inappropriate behavior. It is also a good idea to make sure all of your social media profiles are set to private. 


b2ap3_thumbnail_shutterstock_535082767.jpgMost people are aware of the harsh penalties of a DUI. However, many do not consider the emotional effects a DUI can bring. If you have been pulled over for a DUI, you will likely go through a cycle of various emotions that can take a toll on your well-being. Here is list of the six of the emotions you may be left with after a DUI arrest:

  1. Denial and Shock. Following a DUI arrest, you may be in complete shock and deny the fact that the situation actually occurred. Often times, denial and shock lasts for hours, days, and weeks. These feelings are even more likely to occur if you have never been arrested before.
  2. Guilt and Pain. Eventually, feelings of denial and shock fade and replace with emotional pain and guilt. Even though your guilt and emotional pain may be significant, know that you will survive the situation and eventually move on with your life.
  3. Anger. You may also be angry at the police officer who arrested you or the situation itself. This is especially true if you read the police report and find that it does not match what you believe actually took place. You may also be angry at a friend or family member that allowed you to drive drunk or did not offer you a ride or a place to spend the night. Try to avoid feeling angry and blaming others for your arrest as doing so can permanently damage your relationships.
  4. Depression. The penalties that come with a DUI may lead to loneliness and depression. Even after you have paid the price of a DUI, you may go through a period of sadness where you isolate yourself from others and focus on your past. Although it is easier said than done, you should think about the future instead of dwelling on a mistake you made days, weeks, or months ago.
  5. Reconstruction. The reconstruction phase is where your depression and emotional pain subsides and you start to reconstruct your life. During this stage, you begin to work through your emotional and financial issues and figure out how you can improve your future.
  6. Acceptance. The last emotion you may experience is acceptance. While you may not instantly feel happy during this stage, you will accept the reality of your DUI arrest and begin to move on with your life. You may never be the same but you will be a smarter and more conscious driver.

Contact Our Experienced Waukesha County DUI Attorneys Today

If you have been arrested for a DUI, we understand the emotions you are currently facing. By contacting our experienced Waukesha DUI lawyers today at 262-303-4916, you can receive the legal guidance you need to overcome this roadblock in your life and ensure your rights are protected.

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