What to Do After a DUI Arrest in Illinois

After a DUI arrest, most people don’t know the right steps to take. They may have an inkling from TV shows or movies that they do have the right to stay silent and request an attorney, but the vast majority aren’t sure what to do beyond that, or what comes next.

In Illinois where DUI laws are some of the strictest, having a Belleville DUI lawyer come to your defense is the best way to preserve your future and freedom. However, the first hours and days are the most essential to get this support. The Conner Law Firm is a Belleville, Illinois criminal defense firm that guides drivers through those first critical days after a DUI arrest in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois. Learn what you should do immediately following your DUI arrest.

The First Hour: What You Say Matters More Than You Think

When you see those flashing lights in your rearview, it can be a frightening moment. Police officers must have probable cause to make a traffic stop, and when they do, you should always conduct yourself accordingly.

That means providing your driver’s license, registration, and proof of insurance to the officer when they approach your vehicle. When talking to police during the stop, being polite is also important as arguing or trying to talk your way out of a citation or arrest never works. Many people make this mistake as well as give other details of where they were, who they were with, and whether they were drinking, which you are not obligated to answer or provide. Seemingly cooperative answers become the State’s evidence against you.

You can invoke your Fifth Amendment right to remain silent. As for whether to refuse a breathalyzer, remember that Illinois law follows implied consent, and a refusal will result in immediate administrative action that impacts the status of your driver’s license.

Booking and the Citation in Your Hand

When you get a first offense DUI in Illinois, you face three main steps: getting a citation, going through booking, and dealing with bond. The citation itself is the charging instrument for most first offense DUI cases, listing your first court date as well as the instructions of what you need to do next.

If you’re wondering what happens at booking, the officers then take you to the local police station or county jail where your personal items are logged and kept safe until you leave. While there, you will be asked to take a chemical test in the form of a breath or blood test.

For most first-time DUIs, you can leave after booking once you post bond or sign an agreement to appear in court. If a cash bond is set, you pay a set amount of money that serves as a guarantee to ensure you’ll return for your court date.

The Two Cases You Are Now Fighting

In Illinois, a DUI arrest launches two separate cases at the same time: a criminal prosecution and an administrative license suspension. Each involves different rules, courts, and goals.

The Criminal Case

Your criminal case is charged under 625 ILCS 5/11-501, which is a Class A misdemeanor, standard for first-time DUI cases in Illinois. You’ll face up to 364 days in county jail, fines that could be as much as $2,500, court assessments, and mandatory alcohol or drug evaluations.

Typically, how long until you’re formally charged will range, depending on whether you are charged with a misdemeanor or felony, with most misdemeanors being charged through a citation issued at the arrest. At court, the prosecutor must prove their case against you beyond a reasonable doubt while a judge decides your fate. Prosecutors will be busy gathering evidence to back up these charges, and you should have an attorney who is working on your behalf to counter it.

The Administrative Case

At the same time, a statutory summary suspension under 625 ILCS 5/11-501.1 means that you automatically lose your driving privileges, effective on the 46th day after notice after you’ve tested with a BAC of 0.08% or more or if you refuse testing. The Illinois Secretary of State’s office handles this action, and it is completely separate from whether you are proven guilty in your criminal case or not.

That’s the most important thing to understand when you are arrested for DUI in Illinois since the criminal case decides if you broke criminal law while the administrative side decides only if the officer followed the proper steps to request a BAC test and if you failed or refused it. You can beat your criminal charges if the prosecutor makes a mistake or fails to prove you were impaired, but your license can still stay suspended if you did not meet the administrative rules during the initial traffic stop. You’ll need your lawyer to file what’s known as a Petition to Rescind Statutory Summary Suspension, in a separate hearing.

The 46-Day Clock

The thing that catches most first-time DUI offenders off guard is that they may in rare instances get their DUI charges dropped or dismissed and then go on with life. Failing to handle the administrative side of things can cause a huge headache even when you’ve won the battle on the criminal side.

The suspension automatically takes effect on the 46th day after notice, whether you win or lose. You must file a petition to rescind, and if necessary, have it litigated before that date. It is one of the single biggest mistakes made, and it’s easy to see why. It can feel like a huge relief when you aren’t convicted, and that is certainly something to celebrate, but the 46-day clock is still ticking.

Whether you can still drive or not hinges upon this. Getting your license back before this window closes is significantly easier than letting the deadline pass. If the deadline does pass, then you can’t drive normally and must use a monitoring device driving permit (MDDP), which involves a breath alcohol ignition interlock device (BAIID). The MDDP should never be the plan and should only be the fallback option — though once in place, it allows you to drive anywhere at any time, as long as a BAIID is installed on your vehicle. It is far better to avoid the suspension record altogether by making sure you meet this deadline. The best way to do that is by seeking DUI defense within hours of your arrest.

What to Gather Before Your First Meeting

Your Illinois DUI arrest should be dealt with as soon as possible to have the best chance of beating both criminal and administrative cases. Scheduling a consultation with an attorney right away allows them to get started on fighting both angles.

Before you meet with your lawyer, make sure you prepare the following:

• The citations issued to you by the arresting officer and notice of summary suspension
• Any other paperwork you received from the arresting agency
• The names of anyone with you
• A timeline of the events that took place before, during, and after your arrest
• Any medical conditions that are relevant to field sobriety testing

These crucial items can help our DUI attorneys build the criminal and administrative cases, helping you to potentially minimize or eliminate the consequences for your future.

Attorney Insight

“Remain silent and contact our office as quickly as possible. Illinois law imposes strict windows to challenge an administrative suspension based on the DUI arrest, and the sooner we get involved, the sooner we can start protecting your interests.” — Erin K. Conner, former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office

Talk to a Belleville DUI Lawyer

A DUI arrest in Illinois can lead to a conviction that could have a cascade of other consequences, including being unable to drive without restrictions. Before it can even get to that point, contact The Conner Law Firm, where our former prosecutor, Attorney Conner knows exactly how the prosecution will approach your case.

Stay ahead of administrative issues that additionally threaten your independence and ability to drive. Call us today to schedule a free consultation for your DUI case at (618) 277-2421, or text (314) 944-5553, and learn more about how our firm can help you.