Driving under the influence charges carry fines, license suspension, mandatory classes, and possible jail time, along with insurance and employment consequences that last for years. In Illinois, a blood alcohol concentration of 0.08 percent or higher is illegal, and a driver can be charged at a lower level if impairment is shown, or for driving under the influence of drugs, including cannabis.
Two cases from one arrest
- The criminal charge. A first DUI is a Class A misdemeanor. Aggravating factors such as a prior DUI, a child passenger, a crash with injury, or driving without a valid license or insurance can raise it to a felony.
- The statutory summary suspension. Failing or refusing a chemical test triggers an automatic license suspension that is separate from the criminal case and begins on the 46th day after notice. A petition to rescind the suspension must be filed promptly, and the hearing is often the first chance to test the State's evidence under oath.
How DUI cases are challenged
- The stop. Police need a lawful reason to stop your vehicle. If they did not have one, everything that followed can be suppressed.
- Field sobriety tests. These tests are subjective and affected by age, weight, injuries, footwear, weather, and road surface. Officer training and administration are frequently flawed.
- Breath tests. Breath machines must be certified and calibrated, and the observation period and procedures must be followed. Medical conditions and certain diets can produce false readings.
- Blood tests. Chain of custody, sample handling, and lab procedures can all be contested.
- Video. Squad and body camera footage often tells a different story than the police report.
What is at stake
Beyond the sentence, a DUI conviction in Illinois results in revocation of driving privileges, mandatory alcohol evaluation and treatment, higher insurance costs, and a permanent criminal record that cannot be expunged or sealed. For commercial driver's license holders, a DUI in any vehicle can end a career. These consequences are why a DUI charge should never be pleaded without a full review of the evidence.
Act quickly
The window to challenge the summary suspension is short, and video evidence is routinely overwritten. Contact us as soon as possible after an arrest.
Common questions
Will I lose my license after a DUI arrest?
A failed or refused chemical test triggers a statutory summary suspension that starts 46 days after notice, regardless of the outcome of the criminal case. It can be challenged through a petition to rescind, and first offenders may qualify for a monitoring device driving permit during the suspension.
Should I have refused the breath test?
That decision has already been made by the time you call us. Refusal results in a longer suspension but denies the State a number. Either way, the case can be defended.
Can a DUI be expunged in Illinois?
A DUI conviction cannot be expunged or sealed. A DUI that is dismissed or ends in a not-guilty verdict can be. That is one more reason to fight the charge rather than plead.
Is court supervision available for a first DUI?
Often, yes. Court supervision for a first DUI avoids a conviction on your record if the terms are completed, though it still counts as a prior for future DUI purposes and still results in a record of the disposition.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.