First DUI: What Happens After an Illinois DUI Arrest?

If you were arrested in Illinois for your first DUI, you probably have a lot of questions: Will I lose my driver’s license? Can I still drive to work? Am I going to jail? Can I get court supervision? What happens at my first court date? Can the DUI be dismissed?

A first DUI arrest can be intimidating, particularly for someone who has never been through the criminal court system. The good news is that an arrest itself is not a conviction, and there may be opportunities to challenge both the DUI charge and the suspension of your driver’s license.

Below, our Illinois DUI attorneys explain what typically happens after a first DUI arrest and what you should know before your first court date.

What Happens After You Get a DUI in Illinois?

Most Illinois DUI cases actually involve two separate legal proceedings:

1. The criminal DUI charge; and
2. A statutory summary suspension of your driver’s license.

These proceedings are related, but they are not the same.

The prosecutor must prove the criminal DUI charge beyond a reasonable doubt. The statutory summary suspension, on the other hand, is a separate driver’s license consequence that generally results from either failing or refusing chemical testing after a DUI arrest.

This means it is possible to successfully challenge your driver’s license suspension while the DUI charge remains pending. It is also possible for the DUI charge to eventually be dismissed without automatically eliminating the statutory summary suspension of your license.

Understanding this distinction is one of the most important things to know after an Illinois DUI arrest.

Is a First DUI a Misdemeanor in Illinois?

In most cases, a first DUI in Illinois is a Class A misdemeanor.

A Class A misdemeanor carries a potential maximum sentence of 364 days in jail and a fine of up to $2,500, although additional fines, assessments, treatment requirements, and other conditions may apply.

However, not every first DUI is a misdemeanor. Certain aggravating circumstances can cause a DUI to be charged as a felony even when the person has never previously been convicted of DUI.

These cases may involve circumstances such as serious bodily injury or death, certain driver’s license or insurance violations, or other factors specifically identified under Illinois law.

Will I Go to Jail for My First DUI in Illinois?

Jail is possible for a misdemeanor DUI, but a first DUI arrest does not automatically mean that you will go to jail.

The potential sentence depends on several factors, including:

• Your criminal and driving history;
• Your alleged blood alcohol concentration;
• Whether you submitted to or refused chemical testing;
• Whether an accident occurred;
• Whether anyone was injured;
• Whether a child was in the vehicle; and
• The specific facts surrounding the arrest.

Many eligible first-time DUI offenders may be considered for court supervision rather than a conviction.

Court supervision can be particularly important because successful completion of DUI supervision avoids a DUI conviction and the driver’s license revocation that accompanies a conviction.

Will My License Be Suspended After My First DUI?

A driver’s license suspension can occur even before the criminal DUI case is resolved.

If you qualify as a first offender for purposes of Illinois’ statutory summary suspension law, failing a chemical test generally results in a six-month statutory summary suspension.

Refusing chemical testing generally results in a twelve-month statutory summary suspension for a qualifying first offender.

The suspension generally takes effect on the 46th day following service of the notice of statutory summary suspension.

Importantly, being a “first offender” under the statutory summary suspension law is a specific legal definition. It does not necessarily mean that this is literally the first time you have ever been arrested for DUI.

Can I Fight the Driver’s License Suspension?

Potentially.

An Illinois DUI attorney can file a Petition to Rescind the Statutory Summary Suspension and ask the court to rescind the suspension.

Depending on the facts, issues may include whether:

• The police had reasonable grounds to believe you were driving or in actual physical control of a vehicle while under the influence;
• You were properly placed under arrest;
• The officer properly warned you about the consequences of refusing or failing chemical testing;
• You actually refused the requested chemical test; or
• The chemical testing showed a result sufficient to trigger the suspension.

Body-camera footage, squad-car video, police reports, breath-testing records, laboratory evidence, witness testimony, and other evidence can become important in determining whether a suspension can be successfully challenged.

Because the statutory summary suspension is separate from the criminal DUI case, you should not assume that the suspension will automatically be addressed simply because you have a court date for the DUI.

Can I Drive After a First DUI Arrest in Illinois?

Being arrested for DUI does not necessarily mean that you immediately lose the ability to drive.

If a statutory summary suspension is imposed, many qualifying first offenders are eligible for a Monitored Device Driving Permit, commonly called an MDDP.

An MDDP generally allows an eligible driver to drive during the statutory summary suspension as long as the vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Whether you qualify depends on your particular driving history and circumstances.

Do not drive after your suspension takes effect unless you have confirmed that you are legally permitted to do so. Driving while suspended following a DUI arrest can result in additional criminal charges and driver’s license consequences.

What Happens If I Refused the Breathalyzer?

Many people believe refusing a breathalyzer means that they cannot be convicted of DUI. That is not correct.

A DUI can be prosecuted without a breath-test result. Prosecutors may instead rely on the officer’s observations, driving behavior, field sobriety tests, statements, video evidence, and other evidence.

Refusal can also result in a longer statutory summary suspension than failing chemical testing.

However, refusing a chemical test does not automatically prove that you were under the influence. The prosecutor must still prove the criminal DUI charge.

What Happens If I Blew Over .08?

A breath-test result of .08 or greater is significant evidence, but it does not necessarily mean that there is nothing to defend.

A DUI attorney may investigate issues involving the testing procedure, the breath-testing instrument, required observation procedures, maintenance and certification records, the timing of the test, the officer’s compliance with applicable rules, and other circumstances surrounding the test.

The defense should also evaluate the legality of the original traffic stop and arrest.

The existence of a breath-test result should therefore be viewed as an important piece of evidence rather than the end of the legal analysis.

Can I Get Court Supervision for My First DUI?

Many people charged with their first DUI ask whether they can receive court supervision.

Illinois allows DUI court supervision for certain eligible defendants. Court supervision is not a conviction if it is successfully completed.

That distinction is particularly important in a DUI case because a DUI conviction results in the revocation of Illinois driving privileges. Successful completion of court supervision avoids that DUI conviction and resulting revocation.

However, DUI court supervision is generally available only once in a person’s lifetime.

Eligibility also does not guarantee that supervision will be offered or imposed. The circumstances of the arrest, the defendant’s history, negotiations with the prosecutor, statutory requirements, and the judge can all affect the outcome.

Does DUI Court Supervision Go on My Record?

Successfully completed DUI supervision avoids a conviction and will not appear on your public driving record. DUI arrests generally cannot be expunged or sealed from your criminal record unless you were found not guilty or the case was dismissed.

Can a First DUI Be Reduced or Dismissed?

A first DUI can potentially be dismissed, reduced, or successfully challenged, depending on the evidence.

There is no single defense that applies to every DUI case.

Potential issues may involve:

• Lack of a lawful basis for the traffic stop;
• Insufficient evidence of impairment;
• Problems establishing actual physical control of the vehicle;
• Improper administration of field sobriety tests;
• Medical or physical conditions affecting field sobriety testing;
• Problems with breath, blood, or urine testing;
• Inconsistencies between police reports and video evidence;
• Lack of probable cause for the arrest; or
• Other evidentiary problems.

Body-camera and squad-car video have become particularly important in DUI cases. An officer’s written description of a driver’s speech, balance, coordination, or performance on field sobriety tests can sometimes be compared directly with what appears on video.

Every DUI case should be evaluated based on its own evidence.

What Happens at My First DUI Court Date?

Your first court date is not a trial.

If you have hired an attorney, your lawyer will typically enter an appearance and begin obtaining the prosecutions evidence.

That evidence may include:

• Police reports;
• Body-camera video;
• Squad-car video;
• Field sobriety testing;
• Breath-test records;
• Blood or urine results;
• Accident reports;
• Witness statements; and
• Other relevant evidence.

Your attorney may also address your statutory summary suspension and determine whether a Petition to Rescind should be pursued.

Most DUI cases require more than one court appearance before they are resolved.

How Long Does a First DUI Case Take in Illinois?

There is no universal timeline.

Some DUI cases can be resolved relatively quickly. Others take considerably longer because the attorneys are obtaining video, waiting for laboratory results, litigating motions, conducting a statutory summary suspension hearing, negotiating with prosecutors, or preparing the case for trial.

A quick resolution is not necessarily a better resolution.

Your attorney should have an opportunity to obtain and evaluate the relevant evidence before advising you whether to negotiate a disposition, file a motion, or proceed toward trial.

Should I Plead Guilty to My First DUI?

You should understand the evidence and consequences before making that decision.

The fact that you were arrested does not establish that the State can prove the DUI beyond a reasonable doubt. Likewise, failing a breath test or performing poorly on field sobriety tests does not mean that every aspect of the arrest and prosecution was legally valid.

An experienced DUI attorney should review the evidence, identify potential defenses, evaluate the driver’s license consequences, and explain the available options before you decide how to resolve the case.

What Should I Do Immediately After a DUI Arrest?

Keep every document you received from the police.

As soon as possible, write down everything you remember about the traffic stop and arrest. Small details can become important later.

Consider recording:

• Where you were coming from and where you were going;
• Why the officer said you were stopped;
• What you told the officer;
• Whether the officer asked where or how much you had been drinking;
• Which field sobriety tests you performed;
• Whether you took a roadside breath test;
• Whether you were asked to provide a breath, blood, or urine sample after arrest;
• Whether you submitted to or refused testing; and
• Anything unusual that occurred during the stop or at the police station.

Most importantly, do not miss your court date and do not drive after a suspension becomes effective unless you are legally authorized to do so.

How Soon Should I Contact a DUI Lawyer?

It makes sense to speak with a DUI attorney immediately after the arrest rather than waiting for the criminal case to progress.

The driver’s license portion of the case can begin moving before the DUI itself is resolved. An attorney can determine whether there are grounds to challenge the statutory summary suspension, preserve relevant evidence, obtain police video and reports, and begin evaluating potential defenses.

Early review can be particularly valuable when video recordings, witnesses, or other evidence may become important.

Do I Need a DUI Lawyer for a First DUI?

A first DUI can have consequences far beyond the first court date.

Depending on the outcome, the case can affect your driver’s license, criminal record, employment, insurance, and your options if you are ever arrested for DUI again.

An attorney experienced in Illinois DUI law can evaluate both sides of the case: the criminal DUI charge and the driver’s license consequences arising from the arrest.

Arrested for a First DUI in Illinois?

The Davis Law Group, P.C. represents drivers charged with DUI throughout Chicago and the surrounding suburbs, including Cook County, Lake County and DuPage County.

Our attorneys regularly appear on DUI cases at courthouses including Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Waukegan and Wheaton.

If you have been arrested for DUI, contact The Davis Law Group, P.C. to discuss what happened, the status of your driver’s license, and the possible defenses and options in your case.