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What Happens After A Dui Arrest In Illinois?

  1. Summary Suspension Hearing:
    • Your drivers 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

Other Illinois Drunk Driving Defense FAQs

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Arrested? Know Your Legal Rights

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