Frequently Asked Questions About Illinois DUI Laws

In this section you will find common questions and answers we are asked by our clients about DUI laws and consequences in Illinois. If you have questions that you would like to ask or need an attorney referral please contact us at any time. We are lawyers in Illinois who focus on helping people find the best law firm for their unique situation. All calls are free and confidential.

What leads to testing for alcohol when you are pulled over?

A police officer will test for alcohol if, after issuing a citation for any traffic offense, he or she has probable cause to believe a driver has consumed alcohol. Based on the driver's physical condition or the police officer's first-hand knowledge, a test may be requested. Probable cause is of course different from one person to another.

Should I take the breath test?

Every DUI lawyer we know would tell you not to. In fact, one DUI attorney in Naperville developed a device that responds to officers questions for you. You don’t want to provide any evidence that can be used to convict you. No matter what the police tell you, you don’t have to do anything other than provide your license and proof of insurance.

What happens if I am convicted of a DUI?

If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of 1 year for the first offense, 5 years for a second offense, 10 years for a third offense and lifetime revocation for a fourth or subsequent offense (so long as the fourth or subsequent DUI was after January 1, 1999).

If you are under age 21 at the time of the DUI conviction, your driver's license and driving privileges will be revoked for a minimum of 2 years for your first offense; second offense a minimum of 5 years or until your 21st birthday, whichever is longer; third offense a minimum of 10 years; and a lifetime revocation for a fourth or subsequent offense.

A DUI offense in Illinois is typically charged as a misdemeanor, however certain aggravating factors may enhance the charge to a felony offense. Felony convictions carry much harsher penalties than misdemeanor offenses (which carry a maximum jail sentence of 1 year).

Enhancements include: DUI with a child under the age of 16 in the vehicle, DUI bodily injury, DUI serious bodily harm/disfigurement or disablement, and prior DUI convictions.

Will I Get Convicted?

Every case is fact dependent. That said, the lawyers we recommend are usually able to get first time offenders off of the charges with a dismissal or lesser charges.

What is the difference between a suspension and a revocation of a driver’s license?

Suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet certain reinstatement requirements.

Revocation means that your driving privileges are taken away indefinitely. If revoked, you may not reapply for your license for at least one year.

How can I get to work if I can't drive?

Many drunk driving offenders are forced to rely on public transportation or rides from friends and family for transportation to and from work during periods of license suspension or revocation.

Drivers whose licenses have been suspended or revoked may be eligible for certain temporary driving privileges, issued solely for driving to and from work, school, medical treatment and alcohol treatment when no other form of transportation is available, or a full reinstatement. Eligibility depends on whether the individual is a first-time or repeat DUI offender, and the length of time that has passed since their DUI conviction.

What are “zero tolerance” laws?

Drivers under age 21 are not allowed to have any alcohol in their systems. They could face having their license removed for one year.

Underage drivers are charged with driving under the influence if there is any trace of alcohol, any illegal drugs in their system or if the arresting officer believes the driver to be chemically impaired. A minor driver found with a BAC over the legal adult limit of .08 can be sentenced as adults, and if convicted, will result in both the revocation of the driver's license and the suspension of vehicle registration privileges.

I was given a portable breath test by a police officer. Is that legal in Illinois?

Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case. Your refusal to blow into the portable breath test will not result in any action being taken against your driver's license.

I received a DUI in Illinois, but I live in Wisconsin. Is my license in Wisconsin suspended?

Nationwide computers link every department that licenses drivers. This means that an out of state driver may find their license suspended everywhere for an old Illinois violation. Basically, if you are suspended in Illinois, you are usually suspended in all other states.

Can I represent myself?

While you are allowed to represent yourself, we do not advise that you do so.

If you are facing Illinois DUI charges, you want a lawyer with a track record of success, well versed in the field of DUI defense and familiar with the judges and prosecutors in the specific courthouse in which your case will be heard.

Even if you are guilty of drunk driving, it is important that you seek the advice of experienced Illinois criminal defense attorney so that you can minimize your sentence and ensure that your rights are preserved.

If you have any questions about Illinois DUI laws or would like a referral to a qualified and experienced criminal defense attorney, please contact us.