Arrested for DUI in Illinois? Act Now to Protect Your Rights

Why Immediate Action Matters After an Illinois DUI Arrest

Illinois DUI matters proceed on two tracks. First, the criminal case addresses guilt and punishment under 625 ILCS 5/11-501. Second, a statutory summary suspension of your driver’s license may be imposed based on a chemical test refusal or a test result at or above the statutory limit, independent of the outcome of the criminal case (625 ILCS 5/11-501.1). The suspension typically becomes effective on the 46th day after you are served notice (§ 11-501.1(g)), so early action helps you confirm dates, seek relief, and preserve defenses.

Criminal DUI vs. Statutory Summary Suspension

The criminal DUI case can lead to penalties such as fines, court supervision or probation, alcohol education/treatment, and, in some cases, jail (625 ILCS 5/11-501). Separately, a statutory summary suspension may take effect because of the arrest and the chemical testing outcome (refusal or failure), even before the criminal case is resolved (625 ILCS 5/11-501.1). You have the right to challenge that suspension in court, but strict procedures and timelines apply.

First Steps to Protect Your License

• Consider filing a petition to rescind the suspension. Illinois law provides a court process to contest a statutory summary suspension. A petition is filed under 625 ILCS 5/2-118.1, and the statute sets specific timelines for the hearing after filing.
• Confirm temporary privileges and key dates. Review your Notice/Sworn Report for the effective date; suspensions typically begin on day 46 after notice (625 ILCS 5/11-501.1).
• Explore driving relief if eligible. Depending on your record and case status, a Monitoring Device Driving Permit (MDDP) with a BAIID may be available under 625 ILCS 5/6-206.1.

Preserve Critical Evidence Early

• Keep all arrest paperwork, including the sworn report and any test results or refusal documentation.
• Write down the timeline of the stop, field sobriety testing, statements, and any medical conditions or factors that could affect testing.
• Identify witnesses and potential video sources (surveillance, in-car, or body-worn camera) and location data that may support your defense.
• Have counsel promptly issue preservation requests for videos and records that may be routinely overwritten.

Common DUI Defenses in Illinois

• Traffic stop legality: Was there reasonable suspicion to stop the vehicle?
• Arrest grounds: Did officers have probable cause for DUI?
• Field sobriety tests: Were they administered and interpreted according to recognized standards?
• Breath, blood, or urine testing: Were instruments certified, operators qualified, and protocols followed? Were observation periods and medical conditions considered?
• Statements and procedures: Were constitutional rights respected during questioning and processing?

Defense strategies are fact-specific and often hinge on careful review of reports, squad/body-camera video, and calibration/maintenance records. Procedural rules governing motions and evidence are set out in the Illinois Supreme Court Rules.

Potential Penalties and License Consequences

Potential outcomes include fines, court supervision or probation, alcohol/drug evaluation and treatment, and in some cases jail (625 ILCS 5/11-501). License consequences vary based on test results, refusals, prior history, and eligibility for relief. Because penalty ranges and suspension lengths depend on statutory criteria and your record, consult an attorney about your specific exposure and options.

What to Bring to Your Attorney Consultation

• All tickets, the sworn report or notice of summary suspension, and DUI bond paperwork
• Proof of insurance and your driver’s license information
• Medical or medication details relevant to testing
• A written timeline of events and any witness contact information
• Information about prior driving or DUI history, if any

Practical Tips

Quick-Start Checklist

How an Attorney Can Help

• Assess stop and arrest legality and identify suppression issues
• Demand and review squad and body-camera videos
• Evaluate chemical test procedures and instrument records
• File and litigate a petition to rescind the statutory summary suspension (625 ILCS 5/2-118.1)
• Negotiate with prosecutors; seek court supervision where available
• Prepare for motions and trial as needed

FAQ

When does the statutory summary suspension start?

It typically begins on the 46th day after you are served notice of the suspension, separate from the criminal case timeline.

Can I drive during the suspension?

Some drivers may qualify for a Monitoring Device Driving Permit (MDDP) with a BAIID during an eligible first-offender suspension under 625 ILCS 5/6-206.1.

Do I get a hearing automatically?

No. You must file a petition to rescind under 625 ILCS 5/2-118.1 to challenge the statutory summary suspension.

What if I refused chemical testing?

A refusal can increase suspension length, but it may also limit evidence for the prosecution. Discuss strategy with counsel promptly.

Take Action Now

Do not wait. Confirm your deadlines to contest any statutory summary suspension, explore driving relief if eligible, and protect your defense. Contact our team for a confidential consultation to review your paperwork, identify immediate steps, and safeguard your rights.

Sources

• 625 ILCS 5/11-501.1 (Implied consent; statutory summary suspension)
• 625 ILCS 5/2-118.1 (Petition to rescind statutory summary suspension)
• 625 ILCS 5/6-206.1 (Monitoring Device Driving Permit)
• 625 ILCS 5/11-501 (DUI statute)
• Illinois Supreme Court Rules

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 can vary by county and case. Consult an Illinois attorney about your specific situation.