01What Should I Do Immediately After Being Arrested for DUI?
Being arrested for DUI can be overwhelming. Most people have never been through the criminal justice system before and are suddenly faced with questions about their driver's license, court dates, possible penalties, and what happens next. The decisions you make during the first few days after your arrest can affect both your criminal case and your driving privileges.
Stay Calm and Remember That an Arrest Is Not a Conviction
Many people assume that because they were arrested, there is nothing they can do to challenge the case. That is simply not true. Every DUI case must be proven beyond a reasonable doubt, and every aspect of the investigation should be carefully reviewed before deciding how to proceed.
Evidence may include:
- The reason for the initial traffic stop.
- Police observations.
- Field sobriety tests.
- Breath testing.
- Blood testing.
- Body camera footage.
- Squad video.
- Witness statements.
- Police reports.
Some cases may reveal legal or factual issues that significantly impact the prosecution's ability to prove the charge.
Do Not Miss Important Deadlines
A DUI arrest often creates two separate legal matters: the criminal court case and the driver's license matter involving the Illinois Secretary of State. These proceedings are separate and often involve different deadlines, procedures, and even different outcomes.
Preserve Information That May Assist in Your Defense
Although much of the evidence in a DUI case is maintained by law enforcement, there may be information within your control that could become important later, including photographs taken at or near the scene, contact information for potential witnesses, and receipts or other documents that may become relevant.
Be Careful Who You Talk to About Your Case
Do not discuss the facts of your case with anyone other than your legal representative. Statements made to friends, family members, coworkers, or on social media may later become relevant.
Speak With an Experienced DUI Attorney Early
The earlier an attorney becomes involved, the more opportunities there may be to review the evidence, identify legal issues, preserve favorable information, and protect your driving privileges.
Will My Driver's License Automatically Be Suspended?
Not necessarily. If a Notice of Statutory Summary Suspension is issued, the suspension generally begins on the 46th day following service of the notice.
Can I Still Drive After a DUI Arrest?
One of the first questions most people ask after being arrested for DUI is whether they can continue driving.
The answer depends on the specific facts of your case.
Many first-time DUI defendants are permitted to continue driving for a period following their arrest. Whether you may continue driving, for how long, and whether you qualify for driving relief depends upon several factors, including whether you were served with a Notice of Statutory Summary Suspension, whether you submitted to or refused chemical testing, and your individual driving history.
What Is a Statutory Summary Suspension?
In many DUI cases, the arresting officer serves the driver with a Notice of Statutory Summary Suspension. The suspension usually takes effect on the 46th day after the notice is served.
Can I Drive During the First 46 Days?
In most cases, yes.
Most drivers may continue driving during the 46-day period before the suspension becomes effective, provided there is no other independent reason their driving privileges are suspended, revoked, or otherwise invalid.
What Happens After the Suspension Begins?
Some drivers may qualify for a Monitoring Device Driving Permit, which permits eligible first-time DUI defendants to continue driving during the suspension while using a Breath Alcohol Ignition Interlock Device.
03Will I Go to Jail for a First DUI?
One of the biggest concerns people have after being arrested for DUI is whether they are going to jail.
The honest answer is that jail is a possible sentence in every DUI case.
A first-offense misdemeanor DUI is generally charged as a Class A misdemeanor, which carries a sentencing range from court supervision up to 365 days in the county jail.
Although jail is always possible, most first-time misdemeanor DUI defendants who are found guilty are not sentenced to jail.
Every DUI Case Is Different
- Whether anyone was injured.
- The driver's alcohol concentration or other evidence of impairment.
- Whether there was an accident.
- The defendant's criminal history.
- The existence of prior DUI convictions or court supervisions in the person's background.
- The facts and circumstances surrounding the offense.
Some DUI Cases Carry Significantly Greater Penalties
- DUI involving great bodily harm or death.
- The existence of prior DUI convictions or court supervisions in your background.
- Driving while your driver's license is suspended or revoked.
- Other aggravating circumstances established by Illinois law.
04Can I Receive Court Supervision for a DUI?
Illinois law allows some first-time DUI defendants to receive court supervision, but supervision is not automatically granted and not everyone is eligible.
Court Supervision Is Often the Best Available Outcome
For many first-time DUI defendants, court supervision is often the most favorable resolution available. If supervision is successfully completed, the DUI charge does not result in a conviction. However, supervision remains a significant disposition with important legal consequences.
Court Supervision Is Not Guaranteed
Eligibility depends upon Illinois law, the facts of the case, and the individual's background.
What Happens During Court Supervision?
- Payment of fines and court costs.
- Completion of an alcohol or drug evaluation and recommended education or treatment.
- Victim impact panel attendance where required.
- Community service.
- Other lawful conditions ordered by the court.
Court Supervision Does Not Automatically Resolve Driver's License Issues
The criminal case and the driver's license matter involving the Illinois Secretary of State are separate legal proceedings.
05How Much Does a DUI Cost?
The total cost of a DUI often extends well beyond the court case itself.
A DUI May Involve More Than Court Fines
- Attorney's fees.
- Court fines and costs.
- Alcohol and drug evaluations.
- Alcohol or drug education or treatment.
- Victim impact panels where required.
- Monitoring Device Driving Permit costs.
- Breath Alcohol Ignition Interlock Device installation, monitoring, and removal costs.
- Towing and vehicle impoundment fees.
- Driver's license reinstatement fees where applicable.
- Increased automobile insurance premiums.
The Cost of a DUI Is Not Limited to Money
A DUI may also affect employment opportunities, professional licenses, commercial driving privileges, educational opportunities, and time away from work.
Will My Insurance Increase?
Many drivers experience increased automobile insurance premiums if they are found guilty of DUI. The amount varies depending upon the individual driver, the insurance carrier, and the circumstances of the case.
Do I Have to Pay for an Alcohol Evaluation?
In some cases, yes. Illinois law generally requires a DUI defendant to complete an alcohol and drug evaluation before the court may impose a sentence on the DUI charge.
Can My DUI Case Be Dismissed?
The short answer is yes, but DUI charges are very rarely dismissed outright.
Although dismissal is possible, it is not the typical result. Most DUI cases are resolved through a negotiated disposition or by a finding of guilty or not guilty following a bench or jury trial.
No attorney can ethically promise a particular outcome in a criminal case.
Every DUI Case Should Be Carefully Evaluated
The fact that DUI charges are very rarely dismissed outright does not mean every case results in a finding of guilty either.
- The legality of the traffic stop.
- The administration of field sobriety tests.
- Breath testing procedures.
- Blood testing procedures.
- The admissibility of evidence.
- Constitutional issues.
- Other legal or factual defenses.
While dismissals are uncommon, the most common way a defendant prevails in a DUI case is by being found not guilty after a trial. Whether a case is best resolved through negotiation or presented to a judge or jury depends upon the unique facts, the available evidence, and the legal issues involved.
The Prosecution Still Has the Burden of Proof
The prosecution must prove every element of the charge beyond a reasonable doubt. An arrest alone does not establish guilt.
07What Happens at My First Court Date?
In most cases, your first court appearance is not a trial and your entire DUI case will not be resolved that day.
The First Court Date May Focus on Your Driver's License
If your attorney files a Petition to Rescind Statutory Summary Suspension, the court will often conduct proceedings relating to that petition near the beginning of the case because the suspension has either recently taken effect or is about to become effective.
A Petition to Rescind May Involve a Hearing
If the petition proceeds to an evidentiary hearing, the arresting officer may testify. Depending upon the facts and legal strategy, the driver may also testify.
Will I Have to Testify?
Possibly. Unlike the criminal DUI case, where a defendant cannot be compelled to testify, no such right exists during a Petition to Rescind Statutory Summary Suspension hearing.
A Successful Petition Does Not Automatically Resolve the DUI Charge
Winning a Petition to Rescind may restore your driving privileges, but it does not automatically resolve the criminal DUI case.
08What Happens If I Refuse the Breath Test?
The answer depends on the circumstances. Generally speaking, refusing chemical testing requested by a law enforcement officer results in a longer Statutory Summary Suspension than submitting to testing. However, if chemical testing discloses alcohol or cannabis in an amount under the legal limit, different consequences may apply.
Many drivers mistakenly believe that refusing a breath test prevents the State from prosecuting a DUI case. That is not correct.
The State May Still Attempt to Prove DUI
- The arresting officer's observations.
- Driving behavior.
- Statements made by the driver.
- Field sobriety tests.
- Body camera recordings.
- Squad video recordings.
- Witness testimony.
- Other admissible evidence.
Although refusing chemical testing generally results in a longer Statutory Summary Suspension, it may also make it more difficult for the prosecution to prove the criminal DUI charge beyond a reasonable doubt because an important piece of scientific evidence is unavailable.
Can the Police Force Me to Take the Breath Test?
No. They cannot. However, refusing chemical testing may carry separate legal consequences, including consequences affecting your driving privileges.
What Happens If I Blew or Tested Over the Legal Limit?
A chemical test showing alcohol or cannabis in an amount over the legal limit is important evidence in a DUI prosecution. However, that does not necessarily mean every case results in a finding of guilty.
A Chemical Test Over the Legal Limit Has Significant Consequences
If you submit to chemical testing and the results disclose alcohol or cannabis in an amount over the legal limit, the arresting officer will generally arrest you for DUI and issue a Notice of Statutory Summary Suspension.
Every DUI Case Should Still Be Carefully Evaluated
Issues may still exist involving the legality of the traffic stop, actual physical control of the vehicle, constitutional issues affecting admissibility, or other legal and factual defenses.
If I Blew or Tested Over the Legal Limit, Can I Still Defend My Case?
Yes. Although a chemical test over the legal limit is important evidence, every DUI case should still be carefully evaluated based upon the facts, the evidence, and the applicable law.
Can a Chemical Test Be Challenged?
In some cases, yes. Issues may involve the observation period, instrument calibration, maintenance and calibration records, a foreign substance in the mouth, and compliance with Illinois law and administrative regulations.
Can the Police Stop Me for Any Reason?
One of the most important issues in many DUI cases is whether the police officer had a legal basis to stop the vehicle in the first place.
The Fourth Amendment protects individuals from unreasonable searches and seizures. In most cases, an officer must have a lawful reason to stop a vehicle before beginning a DUI investigation.
Not Every Traffic Stop Is Lawful
- Observing a minor traffic violation.
- Reasonable suspicion that criminal activity has occurred, is occurring, or is about to occur.
- Another lawful basis recognized under Illinois law.
Can an Officer Stop Me Just Because It Is Late at Night?
No, probably not. Absent other evidence of criminal activity or a lawful basis for the stop, the time of day alone generally does not justify stopping a vehicle.
What If I Committed a Minor Traffic Violation?
A minor traffic violation generally provides a lawful basis for a traffic stop.
If the Stop Was Illegal, Does My DUI Automatically Get Dismissed?
No, probably not. Generally, the defense must first file a Motion to Quash Arrest and Suppress Evidence. The court must conduct a hearing, determine that the stop was unlawful, and grant the motion.
If the motion is granted, evidence obtained as a result of the unlawful stop may be suppressed under the doctrine commonly referred to as the fruit of the poisonous tree. The prosecution must then evaluate whether sufficient admissible evidence remains.