First DUI Offense Chicago: What to Expect

Illinois State Police Traffic Stop - G&S DUI Attorneys at Law

Many people don’t know what to do or expect after being arrested for their first DUI. Usually, almost all DUI arrests in Chicago cover two different cases: criminal charges placed on you (DUI charges along with received tickets) and license suspension. When it comes to criminal charges, the offender is usually innocent until proven guilty. Furthermore, the court won’t put the charges on your record until the case ends and you’re found guilty. On the other hand, suspension works a little differently. In Chicago, your driver’s license can be automatically suspended about 46 days after your arrest. You, however, have the right to a hearing to fight the suspension. It would be wise to get yourself a DUI attorney Chicago if you have any hopes of a fair and comforting trial for your first arrest.  

Conditions Under Which a Driver is Considered to be Legally Drunk in Chicago

  • Commercial vehicle drivers are considered to be legally drunk when their blood alcohol is .04 or higher. School bus drivers are also classified under commercial drivers in Chicago.  
  • Non-commercial drivers aged 21+ are legally drunk when their blood level is .08 or higher.  
  • Drivers 21 and under are considered legally drunk if their blood level is higher than zero.  

Possible Minimum Consequences for DUI

A first time DUI offender in Chicago is usually charged with a Class A Misdemeanor, and their possible consequences include: 

  • Suspension of driver’s license for a 1-year minimum or 2-year minimum if the driver was aged under 21 years.  
  • Suspension of their vehicle registration for the period of license suspension.  

Additional minimum consequences for a first time DUI

There are various circumstances under which the consequences of a first time DUI can be added to the minimum ones. 

  • Driver’s blood alcohol content of .16 or higher: Minimum fine of $500 and 100 hours of community service. 
  • Transporting any child under 16: minimum fine of $1000; minimum 25 days of community service in a children’s program; possible jail time of up to 6 months.  
  • Aggravated DUI: In this situation, the driver would have committed a DUI while transporting a child under 16 years who sustained bodily harm due to a crash. This is considered a class 4 felony and a minimum fine of $2500 will be charged along with 25 days of community service at a children’s program.  

Administrative suspension

This is the suspension of the offender’s driving privileges if they refused to submit to the chemical test, failed the test or failed to complete the test. With enough evidence, the offenders are automatically subjected to the suspension of their driving privileges without a hearing.  

Hire a DUI attorney within a few days of the arrest

People make the mistake of waiting till the court day to get an attorney thinking that there isn’t any hope for them before then. However, since it takes 46 days after the arrest for the license to be suspended, with a DUI attorney such as G&S DUI Attorneys at Law, you can file a petition to fight the suspension. For more details on how we can assist you with the DUI case, visit

G&S DUI Attorneys at Law 

Address: 33 N Dearborn St #1950 Chicago, IL 60602 

(312) 500-2992 


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Dustin Smith - Chicago DUI Attorney

Dustin SmithDUI Attorney

We understand people make mistakes, so we will fight to get your life back on track. I have leveraged both Dustin and Mike when I needed legal support in the past 2 years. They are able to explain the situation and choices in terms I can understand. They offer the same advice they would give their own sons or daughters. I can trust them to be honest with me and I know they have my best interest in mind. I have actually referred them to many friends who needed legal support. You will be in good hands with either of them.

~ Jorie Novak

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