Arrested for DUI in Frankfort, IL? Get Aggressive Help
Swift, informed action after a DUI arrest in Frankfort can protect your license, driving privileges, and criminal case. Below is what to expect, key deadlines, common mistakes, and how an Illinois DUI lawyer can help.
What a DUI Arrest in Frankfort, IL Typically Triggers
A DUI arrest generally sets two tracks in motion:
- Criminal case in the Will County Circuit Court to determine guilt, penalties, and sentencing under 625 ILCS 5/11-501.
- Civil driver’s license consequences called a statutory summary suspension, administered by the Illinois Secretary of State and initiated by the officer’s sworn report, with challenges heard in the circuit court under 625 ILCS 5/2-118.1 and 625 ILCS 5/11-501.1.
Either track can affect your ability to drive, insurance, employment, and your record.
Understanding the Statutory Summary Suspension
Following a DUI arrest, Illinois law generally imposes a summary suspension of your driving privileges if you either refuse chemical testing or submit to testing that shows a prohibited alcohol or drug concentration. See 625 ILCS 5/11-501.1 and 625 ILCS 5/11-501. By statute, the suspension generally begins on the 46th day after notice is served.
You may ask the court to rescind (undo) the suspension by filing a petition. Grounds can include an unlawful stop, lack of probable cause to arrest, improper implied-consent warnings, or noncompliant testing procedures. See 625 ILCS 5/2-118.1. A hearing is time-sensitive and is generally to be held within 30 days of filing or your first court date, whichever occurs later. At that hearing, the motorist bears an initial burden of production, after which the State must justify the suspension. See People v. Orth, 124 Ill. 2d 326 (1988).
The length of a statutory summary suspension depends on your prior history and whether you refused or failed testing. See 625 ILCS 5/6-208.1.
License relief may be available. Many first offenders can apply for a Monitoring Device Driving Permit (MDDP) with a BAIID ignition interlock. See 625 ILCS 5/6-206.1 and the Illinois Secretary of State’s BAIID program page (official SOS).
Your Court Case in Will County
In Will County, your initial appearance typically addresses the charges, bond, and future dates. Evidence can include police reports, squad-car and body-worn camera video, breath or blood results, and field sobriety testing. Defense motions often challenge the stop, detention, arrest, testing protocols, and any statements. Many DUI cases hinge on whether the State can prove impairment or a prohibited alcohol/drug concentration beyond a reasonable doubt.
Practical Tips
- Request and preserve all videos and breath-testing maintenance records immediately.
- Avoid discussing the case with anyone but your lawyer; do not post on social media.
- Do not drive unless you have valid privileges or required permits/interlocks.
Fast-Action Checklist
- Save every document from the arrest and bond slip.
- Write a detailed timeline while events are fresh.
- Calendar the 46th-day suspension start date.
- Consult an Illinois DUI lawyer to evaluate a petition to rescind.
Potential Consequences and Diversion Options
Consequences can include fines, court supervision or conviction, alcohol/drug evaluation and treatment, community service, ignition interlock requirements, and in some situations jail. Eligibility for court supervision and other alternatives depends on factors such as prior history, aggravating circumstances, and the evidence. A DUI conviction can trigger license revocation administered by the Secretary of State. See 625 ILCS 5/11-501 and 625 ILCS 5/6-205.
How an Experienced Illinois DUI Lawyer Can Help
- Move quickly to address the summary suspension and request a prompt hearing when appropriate.
- Scrutinize the stop, arrest, testing procedures, and chain of custody.
- Obtain squad/body camera footage and breath-testing maintenance/certification records.
- File targeted motions to suppress or exclude unreliable evidence.
- Negotiate with prosecutors or try the case when strategic.
- Guide you through license relief options, including MDDP/BAIID for eligible first offenders.
Serving Frankfort and Surrounding Communities
We represent clients facing DUI and related traffic/criminal charges in Frankfort, Mokena, New Lenox, Tinley Park, and throughout Will County and nearby jurisdictions. Local knowledge of court procedures and prosecutorial practices can be critical to your defense.
FAQ: Illinois DUI and Summary Suspension
When does the suspension start?
Generally on the 46th day after you are served notice of the statutory summary suspension.
Can I drive for work?
Many first offenders may qualify for an MDDP with BAIID to drive during the suspension period.
Do I have to blow?
Refusal can increase the suspension length; submitting can create evidence. Speak with counsel about your specific facts.
Will a first DUI ruin my record?
Court supervision may be available for eligible first offenders, which can avoid a conviction. Outcomes depend on facts and history.
Free, Confidential Consultation
If you or a loved one was arrested for DUI in Frankfort, contact us for a confidential case review. We will assess your situation, explain your options, and map out a strategy tailored to your goals. Contact us now.
Sources
- 625 ILCS 5/11-501 (Driving Under the Influence)
- 625 ILCS 5/11-501.1 (Implied Consent; Summary Suspension)
- 625 ILCS 5/2-118.1 (Hearing—Statutory Summary Suspension)
- 625 ILCS 5/6-208.1 (Periods of Statutory Summary Suspension)
- 625 ILCS 5/6-206.1 (MDDP/BAIID for First Offenders)
- Illinois Secretary of State — Driver Services
- Illinois Secretary of State — BAIID Program
- People v. Orth, 124 Ill. 2d 326 (1988)
Disclaimer (Illinois): This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change, and outcomes depend on specific facts. For advice about your situation, consult a licensed Illinois attorney.