DUI Information Center

About Driving Under the Influence and Aggravated DUI Charges in Illinois.

This basic information is meant only to answer some questions regarding DUI cases. We also have a FAQ on the types of DUI charges. For more information and a more complete explanation of your rights, please call Scott W. Sheen at 630-443-6200 or 1 866 NO WORRY (669-6779) for a free telephone or office consultation or email ssheen@sheenlaw.com.

Statutory Summary Suspension of Driver’s License

  • Your driver’s license will be suspended if you are arrested for DUI and either
    1. you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or
    2. you refuse to submit to a chemical test.
  • The suspension of your license is civil case separate from the criminal charge of DUI. Judicial Driving Permits will not be available for cases after January 1, 2009.
  • Commencement of suspension: Suspension commences on the 46th day following receipt of notice of suspension, usually the date of arrest.
  • Length of suspension: The length of suspension depends on whether you are a first offender for implied consent purposes and whether you submit to or refuse chemical testing.
  • First Offender For implied consent purposes: a first offender is one who has not had a previous conviction, court supervision or had been suspended for DUI within 5 years of the date of the arrest. You are eligible for a BAID device for the full 12 months if you pay the fee to the Secretary of State and install the BAID device.

First Time Offender Suspension Lengths:

  • Six month suspension: If you are a first offender and submit to chemical testing showing 0.08 or more, your license will be suspended for 6 months. You are eligible for driving privileges right away if you get a BAID device and pay the Secretary of State fees.
  • Twelve month suspension: If you refuse chemical testing, your license will be suspended for 12 months.

Second Time Offender:

If you have had a prior DUI or Statutory Summary Suspension within 5 years of your new arrest. If you are a second time offender and you submit to chemical testing showing .08 or more or are positive for un-prescribed drugs your license will be suspended for one year. If you refuse any testing your license will be suspended for three years.

  • Entitled to a hearing: You are entitled to a hearing before a judge within 30 days of making a written request for the hearing to determine if your license should be suspended. If you prevail, the suspension will be lifted. If you do not, you will obtain.
  • Statute of Limitation: You only have 90 days from the date of the Notice of Suspension to file a Petition to Rescind to contest your suspension.

Criminal Charges for DUI and Aggravated DUI

  • DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500.00. However, DUI can also be charged as a Felony
  • You are entitled to a trial by jury or a trial before a judge without a jury, but you are not required to go to trial or motion*. Instead, you may enter into a negotiated plea with the prosecutor or enter a “blind” plea before the court. You can also contest your DUI through a motion to Quash and Suppress evidence alleging an illegal stop, detention, search, & seizure.

DUI Sentencing Guide

Court Supervision
First Offense
Second Offense
Third or Fourth Offense
Fifth or Sixth Offense
DUI Felony

* Important restrictions and conditions may apply. Please call 630-443-6200 for more information.

How can we help today?

Talk with a skilled lawyer about your case. Call us at 630-443-6200 or send us a message for a response by the end of the next business day.