DUI Defense in Illinois — Illinois Ticket Pro Attorneys

Understanding DUI Charges in Illinois

A DUI arrest in Illinois sets off two parallel processes — a criminal prosecution and a license suspension known as a Statutory Summary Suspension (SSS). The criminal case determines guilt or innocence and can result in fines, supervision, probation, or jail. Meanwhile, the SSS starts automatically on the 46th day after arrest unless a petition to rescind is filed in time. Missing that deadline can mean months without driving privileges, even before any conviction.

Illinois DUI law is strict. A first offense is a Class A misdemeanor punishable by up to 364 days in jail, fines up to $2,500, and a one-year driver’s license revocation upon conviction. Failing or refusing chemical testing triggers suspensions ranging from six months to three years, depending on prior history and license type. Repeat or aggravated DUIs can be charged as felonies carrying mandatory minimum sentences and long-term revocations.

Driver type matters. Those under 21 face “Zero Tolerance” suspensions for any trace of alcohol. CDL holders risk disqualification even for supervision or non-conviction outcomes, and drivers over 21 can face suspension after three moving violations in twelve months. Every status — age, prior record, license type — affects eligibility for driving relief and penalties.

Timing is critical. The petition to rescind an SSS should be filed immediately to secure a hearing before the suspension begins. At the same time, your attorney must act quickly to obtain video evidence, test records, and police reports before they are lost or overwritten. Early intervention allows for challenges to the stop, testing, probable cause, and paperwork errors that can make or break your case.

Beyond court and license penalties, a DUI conviction can raise insurance rates for up to five years, limit travel, and appear on background checks used by employers and licensing boards. For revoked drivers, reinstatement through the Illinois Secretary of State involves evaluations, proof of treatment, and formal or informal hearings — a process that takes months if not properly prepared.

Our attorneys handle DUI cases daily across Cook, DuPage, Will, Kane, and Lake Counties. We act fast to contest suspensions, analyze evidence, and negotiate outcomes that protect your record, license, and livelihood. The guide below explains how Illinois DUI cases progress — from arrest to reinstatement — and how strategic early action can dramatically change your result.

How Illinois DUI Cases Work

Two Tracks You Must Manage

1) The Criminal DUI Case

Every DUI arrest in Illinois leads to a criminal court case. Outcomes can include dismissal, not guilty, reduction to reckless driving, court supervision, probation, or conviction. Penalties rise sharply when there are prior offenses or aggravating factors such as a high BAC, minors in the vehicle, or an accident with injury.

2) Statutory Summary Suspension (SSS)

Separately, Illinois law triggers an automatic license suspension 46 days after arrest unless it’s contested. A first offender who fails a test faces a six-month suspension; a refusal leads to twelve months. Repeat offenders can face suspensions of up to thirty-six months. Our office files a petition to rescind immediately and requests a hearing to stop or shorten the suspension.

Breath or blood test results, refusals, and arrest paperwork determine the SSS length and eligibility for a Monitoring Device Driving Permit (MDDP). The license process is separate from the criminal case in court.

License Relief and Reinstatement

MDDP and BAIID: First offenders may qualify for a Monitoring Device Driving Permit and a Breath Alcohol Ignition Interlock Device to maintain limited privileges.
Petition to Rescind: We challenge the legality of the stop, arrest, testing, and refusal warnings to reverse or reduce the suspension.
Post-Case Reinstatement: For revoked drivers, we prepare formal or informal hearings, treatment proof, and documentation to restore full driving rights.

Common DUI Situations We Handle

Use these to learn your specific risks and options. Each link covers penalties, defenses, and next steps.

First-Offense DUI

Supervision eligibility, record protection, and SSS strategies.

Second / Repeat DUI

Harsher penalties, 5-year revocations, focused defense planning.

CDL / Commercial Driver DUI

Career-critical rules, 0.04% BAC, disqualification risks.

Under-21 (Zero Tolerance)

License suspensions even for small BAC readings.

Cannabis / Marijuana DUI

THC thresholds, impairment proof, field and lab challenges.

Aggravated / Felony DUI

Injury cases, 3rd+ offenses, minors in vehicle, high BAC.

Out-of-State Residents

Illinois charges with home-state license consequences.

License Reinstatement

Formal/informal hearings, evaluations, and documentation.

Common Aggravating Factors

BAC of 0.16 or higher
Minor under 16 years old in the vehicle
Accident or bodily injury claims
Driving without a valid license or insurance
Commercial or rideshare driving, or wrong-way operation

Aggravating factors can increase mandatory penalties, require jail or community service, or elevate the case to a felony aggravated DUI. An experienced Illinois DUI attorney will identify and challenge these issues early.

Illinois Cannabis DUI Laws: Although cannabis is legal, driving while impaired by THC remains prohibited. Unlike alcohol, THC impairment is difficult to measure objectively. We challenge the testing process, interpretation of results, and the officer’s observations to weaken the prosecution’s case.

Illinois DUI Penalties by Offense Level

Offense	Criminal Penalties	License Consequences	Notes
First DUI (Class A Misdemeanor)	Up to 364 days in jail and fines up to $2,500	Conviction triggers a one-year revocation. A failed test results in a six-month SSS; a refusal leads to a twelve-month SSS.	Court supervision may prevent a conviction on record. CDL drivers face stricter consequences even for supervision outcomes.
Second DUI (Class A Misdemeanor)	Mandatory minimum sentence, jail time, or 240 hours of community service	Revocation for five years if prior was within twenty years. Longer SSS for repeat offenders.	Repeat offenses limit eligibility for supervision; negotiation focuses on reducing exposure or identifying procedural flaws.
Third or Subsequent DUI (Aggravated DUI / Felony)	Felony penalties vary by class; a Class 2 DUI carries three to seven years in prison and fines up to $10,000	Extended revocation periods and strict BAIID monitoring for any restricted permits	Felony DUI applies when there are multiple priors, high BAC, minors, or injuries involved.

Actual penalties depend on case facts, prior history, BAC level, and county practices. Our DUI defense attorneys tailor each strategy to local courts in Cook, DuPage, Will, Kane, and Lake Counties.

Defense Strategies for Illinois DUI Cases

Stop and Seizure Challenges

We examine whether the officer had a lawful reason to initiate the stop, detain the driver, or make the arrest. Any constitutional defect can lead to suppression of evidence and dismissal of the charge.

No valid traffic violation or reasonable suspicion
Inconsistent officer statements or video evidence
Improper expansion of the stop beyond its purpose

Field Sobriety Test Review

Field tests must follow National Highway Traffic Safety Administration (NHTSA) standards. We verify whether instructions, demonstrations, and timing were correct and whether physical conditions affected results.

Improperly administered HGN, Walk-and-Turn, or One-Leg Stand
Non-standard “tests” used as proof of impairment
Poor lighting, uneven pavement, or medical issues ignored

Breath and Blood Test Examination

Chemical test accuracy depends on machine calibration, observation periods, and lab handling. We investigate whether protocols were followed and challenge unreliable readings.

Maintenance or calibration gaps in testing devices
Improper observation periods before testing
Chain-of-custody or laboratory reporting errors

Cannabis-Related DUI Defense

THC impairment cannot be measured like alcohol. We challenge field evaluations, test methods, and officer assumptions to expose unreliable evidence.

Building Leverage for Better Outcomes

Even one weak link in the prosecution’s case can lead to a dismissal, not-guilty verdict, or reduction to a lesser offense. Our focused discovery and motion practice increase negotiating power before trial.

Our firm combines courtroom strategy with license relief planning to protect both your criminal record and your ability to drive.

Our DUI Defense Process

Consultation and License Check — We confirm whether your suspension was triggered by a test failure or refusal, calculate the day-46 suspension date, and identify immediate filing deadlines.
Petition to Rescind — We contest the Statutory Summary Suspension and request a prompt hearing, preserving leverage before the suspension takes effect.
Discovery and Video Review — We analyze police reports, videos, and testing records to locate inconsistencies and procedural errors.
Motion Practice — We file suppression motions targeting the stop, arrest, and testing process to weaken the prosecution’s case.
Negotiation or Trial — Depending on evidence strength and your goals, we pursue dismissal, reduction to reckless driving, or court supervision when appropriate.
Post-Case License Work — We assist with BAIID setup, MDDP eligibility, and formal or informal Secretary of State hearings for reinstatement.

Communication stays direct and fast — through chat, text, and email — so you always know your next step.

Illinois DUI Frequently Asked Questions

Will I lose my driver’s license after a DUI arrest?

Most drivers face a Statutory Summary Suspension beginning 46 days after arrest. A first offender who fails a test receives a six-month suspension; refusing the test usually means twelve months. We can challenge the stop, arrest, or paperwork to rescind or shorten the suspension.

What if I refused the breath test?

Refusal often increases suspension time but can help the criminal defense because there’s no chemical evidence. We examine whether the refusal was properly documented and whether the officer followed the law.

Can I avoid a DUI conviction on a first offense?

First-time offenders may be eligible for court supervision, which avoids a DUI conviction on record. The best approach depends on your background, license type, and professional requirements.

What makes a DUI a felony in Illinois?

A DUI becomes an aggravated felony when there are repeat offenses, serious injuries, minors in the car, or a BAC of 0.16 or higher. Felony DUI carries prison exposure and long license revocations.

How do driver’s license reinstatement hearings work?

After a revocation, you must complete an evaluation, treatment, and proof of stability before the Secretary of State hearing. We prepare your documentation and representation for either formal or informal hearings.

Are cannabis DUIs handled differently from alcohol DUIs?

Yes. Cannabis impairment is harder to prove, so we focus on officer observation errors, testing reliability, and lab reporting to contest the charge.

DUI Defense in Illinois — Chat with a DUI Attorney Now