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You will usually be charged immediately for a DUI arrest in Illinois. Most first-time DUIs are charged by citation that is issued by the arresting agency at the time of the traffic stop and arrest. However, the State has up to 18 months to bring a misdemeanor DUI charge and three years to bring a felony. The Conner Law Firm defends drivers charged by citation or by later complaint following a DUI arrest in Belleville and St. Clair County, Illinois.
The Citation Is the Charge
There is a widespread assumption that charges come later in the mail, however, at the time of your arrest, the officer will issue a citation and hand it to you. This is the charging instrument used in most first-time DUI cases.
You’ll see information listed on that citation, and one of the most important pieces is the first court date. As soon as this is issued to you, that’s when your case officially begins, and the clock starts ticking.
Missing this date can set off a cascade of consequences, including separate criminal charges for failure to appear under Illinois Statute 720 ILCS 5/32-10. Failure to appear, like a first DUI offense is a Class A misdemeanor, though it carries its own penalties. A judge may also choose to bypass issuing a new charge and hold you in criminal contempt of court. If so, the judge will issue a bench warrant.
Missing court also shows the State that you are a willful flight risk. The prosecutor can file a petition to revoke your release and force you to remain in jail until your DUI case is complete. Automatic suspension of your license will also occur, but this is separate from the DUI suspension that comes on the 46th day.
When Charges Come Later
In most instances, the citation will be issued and you’ll be charged immediately for DUI in Illinois. However, there are certain situations where these charges will be issued later. When blood or urine samples are sent to the state lab, the testing may take weeks or months. The State often waits for results before charges are filed.
The State also reviews your record, and if prosecutors see that you have a prior DUI conviction, they may choose to upgrade the charge to a felony DUI in Illinois. It takes extra time to complete this review, resulting in charges coming later.
Another reason that charges may come later is when you cause an accident with injuries or fatalities. The police must finish conducting a full crash study, reconstructing the scene completely before they hand files to the prosecution.
If you were not charged with the citation at the time of your traffic stop, watch your mail for a notice or summons. Making sure that you do not drive or break any other laws during this time is also crucial as any other brush with the law may result in additional charges and further complications for your case. A Belleville DUI defense lawyer can help by watching the court records so you will know the moment charges are filed, and they’ll be preparing your defense strategy in the meantime to minimize the impact to your future.
The Outside Limits
In Illinois, the statute of limitations for filing criminal DUI charges gives the State a strict time window. A misdemeanor DUI is 18 months from the alleged conduct. A felony DUI is 3 years from that date, and a separate administrative case is on track for your driver’s license suspension.
These time limits are set by the Illinois General Assembly under 720 ILCS 5/3-5. If there’s no charge yet, don’t think you slipped through the cracks and can walk away. Between lab results and investigations, these things take time to build. While the prosecution is building their case, let The Conner Law Firm build yours, with the insight of Attorney Erin K. Conner, former prosecutor, who knows exactly how the other side will be working to lock you away.
Attorney Insight
“Most first-time DUIs are charged by way of citation which is issued by the arresting agency at the time of your arrest. Illinois statutes allow the prosecution 18 months after the conduct to bring a misdemeanor DUI charge, and three years for a felony.” — Erin K. Conner, former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office
Waiting Is Not a Defense Strategy
Maybe nothing has happened yet, but that will quickly change. If you want to know what to do after a DUI arrest in Illinois, there is one key thing you should not do, and that’s wait around. The statutory summary suspension clock starts running regardless of the timing on your criminal charges, and that means if you do nothing, you could wind up in additional trouble for driving on a suspended license.
Act now to keep evidence from getting stale, witness accounts reliable, and video from getting overwritten on retention schedules. Contact The Conner Law Firm today at (618) 277-2421 to get the DUI defense you need.
