What happens after a DUI arrest in Illinois?

Here is a rough summary of what typically happens after an Illinois DUI arrest.

  1. Summary Suspension Hearing:
    • Your driver's license will be suspended if you are arrested for DUI and either (a) you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or (b) your refuse to submit to a chemical test.
    • The suspension of your license is separate from the DUI and typically begins 46 days following your arrest.
    • The length of suspension may vary from three months to three years.
    • You are entitled to a hearing within 30 days of making a written request or the suspension will be lifted. You must file the written request within 90 days of your arrest.
  2. Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest. If you have an attorney, he will advise you.
  3. Pre­trial Conference: Your attorney will discuss your case with the State's Attorney and negotiate the best possible plea bargain. It will happen after arraignment and usually after the Summary Suspension Hearing. The date is set by the Court and your attorney on his calendar.
  4. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. This usually occurs after the pre­trial conference.
  5. Trial: Almost always a trial to a jury of twelve. Trial must be held within 120 to 160 days after you demand trial, depending whether or not you are in custody.
  6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.

What are the penalties for a first DUI conviction in Illinois?

The penalties for a 1st DUI conviction in Illinois can include:

  • Minimum 1 year driver’s license revocation,
  • Suspension of vehicle registration,
  • Community Service,
  • Mandatory Alcohol/Drug Evaluation and an Alcohol/Drug Remedial Education Course or Substance Abuse Treatment Program before driving privileges are reinstated,
  • Possible jail time,
  • Fines.

Penalties such as fines, jail time, and community service will be increased if you drive with a BAC of 0.16 or greater or if you are convicted of DUI with a passenger under the age of 16 in your vehicle.

What are the penalties for a second DUI conviction in Illinois?

The penalties for a 2nd DUI conviction in Illinois include the following:

  • Mandatory minimum 5 days in jail or 240 hours community service,
  • Mandatory Alcohol/Drug Evaluation and an Alcohol/Drug Remedial Education Course or Substance Abuse Treatment Program before driving privileges are reinstated,
  • Minimum 5 year driver’s license revocation if within 20 years of 1st conviction,
  • Suspension of vehicle registration,
  • Fines.

Penalties such as fines, jail time, and community service will be increased if you drive with a BAC of 0.16 or greater, or if you are convicted of DUI with a passenger under the age of 16 in your vehicle.

What are the penalties for a third DUI conviction in Illinois?

The penalties for a 3rd DUI conviction in Illinois include the following:

  • Class 2 Felony Aggravated DUI,
  • Suspension of vehicle registration,
  • Minimum 10 year driver’s license revocation if within 20 years of 1st conviction,
  • Mandatory Alcohol/Drug Evaluation and an Alcohol/Drug Remedial Education Course or Substance Abuse Treatment Program before driving privileges are reinstated,
  • Fines.

Penalties such as fines, jail time, and community service will be increased if you drive with a BAC of 0.16 or greater or if you are convicted of DUI with a passenger under the age of 16 in your vehicle.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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