Arrested for DUI in Illinois?
A DUI charge in Illinois is serious. Whether it's your first offense or you're facing repeat allegations, a conviction can result in jail time, license suspension, heavy fines, and a permanent criminal record. Even a first-time arrest can derail your job, reputation, and future. If you find yourself charged with a DUI, do yourself a favor and begin working with an experienced Illinois DUI lawyer immediately!
What Constitutes DUI in Illinois?
In Illinois, a person can be charged with DUI if they operate a motor vehicle:
With a blood alcohol concentration (BAC) of 0.08% or higher,
While under the influence of alcohol, drugs, or a combination,
With any trace of a controlled substance (e.g., cannabis, cocaine, or prescription meds) in their system while impaired, or
While impaired due to medical marijuana without proper authorization
Illinois also enforces zero tolerance for drivers under 21 and enhanced penalties for CDL holders, accidents with injury, or DUIs in school zones.
DUI Penalties in Illinois
The penalties for DUI vary depending on your prior record, whether there were injuries, and other aggravating factors:
First Offense (Class A Misdemeanor)
Up to 1 year in jail
Up to $2,500 in fines
Mandatory license suspension (6–12 months)
Possible ignition interlock device
Court supervision might be possible
Second DUI
5 days in jail or 240 hours of community service
Longer license suspension or revocation
Higher insurance premiums and alcohol treatment requirements
Felony (Aggravated) DUI
Charged when:
There’s a third or subsequent offense
A child under 16 was in the vehicle
There was an accident causing serious injury or death
The driver had no license or insurance
Penalties include state prison time, felony record, and revoked driving privileges
Statutory Summary Suspension
Illinois may automatically suspend your driver’s license 46 days after a DUI arrest. This is known as a statutory summary suspension and can occur if:
You refuse chemical testing (1-year suspension)
You fail the breath or blood test (6-month suspension)
Defenses Against Illinois DUI Charges
Many DUI arrests are flawed. Good attorneys investigate the facts and use every available legal defense, including but not limited to:
Illegal traffic stop or lack of probable cause
Improper field sobriety testing or officer error
Unreliable breathalyzer or blood testing procedures
Medical conditions or diet affecting BAC readings
Mishandled or contaminated evidence
Miranda violations and improper interrogation
Witness credibility issues
We also explore alternatives to conviction such as court supervision, treatment programs, or reduced charges where appropriate.
217 Law Attorneys
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Courtney Anderson
Courtney practices criminal defense, family law, and personal injury. Never shy of a difficult or high-profile case, she has won numerous awards for her advocacy, including recently being selected as a finalist for top lawyer in Macon County.
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Fallon Conner
Fallon practices criminal defense and family law. As a former prosecutor, she has unique insight into the criminal justice system. She enjoys being in the courtroom and has a great track record of success in bench and jury trials.
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Zach Anderson
Zach focuses on helping injured clients with workers compensation, personal injury, and products liability claims. He has successfully resolved multiple single-party injury cases for over $1 million, and has helped recover millions for users of bad products.
We want to work with you.
Phone:
217-217-0217
Address:
132 S. Water St., Suite 628. Decatur, IL 62523
Email:
info@217law.com
Where We Work:
We help clients throughout the 217 area code with injury claims and general civil litigation. We practice criminal defense and family law in Macon and surrounding counties.
