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DUI FAQs

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DUI FAQs

This is my first DUI, what happens now?

  • If chemical testing reveals that you are legally under the influence, you are at risk for a suspension of your driving privileges for six months.
  • A DUI in Illinois is a Class A misdemeanor if this is your first offense. If you are convicted of a DUI, your driving privileges will be revoked for a minimum of one year.

This is not my first DUI, what are my options?

  • If chemical testing reveals that you are legally under the influence, you are at risk for a suspension of your driving privileges for six months.
  • If this is your second conviction for a DUI, it is still a Class A misdemeanor, but this conviction carries a mandatory minimum imprisonment of 5 days or a sentence of 240 hours of community service. Your driving privileges will be suspended for a minimum of five years if this is your second conviction within 20 years.

Can I drive after I’m arrested for a DUI?

  • Presuming you have a valid driver’s license, you are still able to drive during the 46-day period between your arrest and your statutory suspension hearing.

When is a DUI a felony?

  • Any DUI offense that results in a felony charge is considered an Aggravated DUI. You will be charged with an aggravated DUI under several difference circumstances. Some of these include:
    • This is your third or subsequent DUI;
    • DUI committed while driving a school bus carrying one or more persons 18 or younger;
    • DUI resulting in great bodily harm or permanent disability or disfigurement;
    • This is your second or subsequent DUI committed while transporting a child under the age of 16
    • DUI resulted in a crash, committed while transporting a child under the age of 16, and resulted in bodily harm to the child;
    • DUI committed without a valid driver’s license or vehicle liability insurance;
    • DUI committed in a school zone with restricted speed limit and crash resulted in bodily harm;
    • DUI resulted in death.

Am I going to jail?

  • Although jail time is a possibility, if you are a first-time offender it is unlikely you will have to spend time in jail

Do I have to provide a breath, blood or urine sample to the police?

  • In Illinois, there’s an Implied Consent Law that basically states that if you’re in actual physical control of a vehicle in Illinois, you are deemed to have implicitly given consent to chemical testing of your breath, blood or urine. A police officer needs to establish that they have probable cause that you are driving under the influence and you are either being arrested for a DUI or were involved in a car accident with injuries or fatalities.
  • If an officer pulls you over on a suspected DUI and you’re asked to blow in a breathalyzer, you have a right to refuse to do so. However, your refusal results in an automatic statutory summary suspension, meaning your license will automatically be suspended.

How long will my license be suspended if I refuse to submit to chemical testing?

  • It depends. If you don’t have a prior DUI conviction or a statutory summary suspension in the previous five years, your license will be suspended for one year. However, if you do have a previous DUI conviction or a statutory summary suspension within the previous five years, your license will be suspended for three years. See above chart for more details.

What if someone was injured in an accident and I was driving?

  • If a person suffers serious bodily injury or death resulting in your DUI, you will be charged with a felony DUI and may face harsh penalties if found guilty.
  • If your crash resulted in serious bodily injury, you will be charged with a class 4 felony and can potentially face:
    • Revocation of your driver’s license for at least 2 years
    • Fines facing up to $25,000
    • Possible prison time for 1-12 years
  • If your crash resulted in a death, you will be charged with a class 2 felony and can potentially face:
    • Fines facing up to $25,000
    • Possible prison time for 3-14 years
  • If your crash resulted in multiple deaths, you will be charged with a class 2 felony and can potentially face:
    • Fines facing up to $25,000
    • Possible prison time for 6-28 years

What options do I have if this is not my first driving under the influence offense?

  • If this is your second DUI offense within five years, and you submit to chemical testing, your license will be suspended for 12 months. If you refuse to submit to chemical testing however, your license will be suspended for 3 years.

What penalties do I face?

  • A misdemeanor DUI can subject you to jail time and fines anywhere from $500 – $3,000. Depending on the circumstances of your arrest your license will be suspended. If you consent to the breathalyzer test, your license will be suspended for 6 months. If you refuse to submit to a breathalyzer test, your license will be suspended for 12 months. The suspension will be effective 46 days after your citation for a DUI.
  • Your DUI can be upgraded to a felony DUI charge if you committed a DUI when your license was revoked or suspended from a previous DUI charge, if you have two or more DUI convictions on your record, or serious bodily injuries or death occurred due to your DUI.

Can I refuse a blood test?

  • First of all, it is important to know that in Illinois, the act of driving implies consent to testing, and the refusal to submit to these tests results in an automatic suspension of your driver’s license. That being said, you can decide to refuse submitting to testing, but the consequences of refusing may be more severe depending on your BAC.

If I am pulled over for a suspected DUI, what tests will officers use to determine intoxication?

  • If you are stopped on the suspicion of driving under the influence, the officers will most likely ask you to perform one if not all of the following tests:
    • The Horizontal Gaze Nystagmus test, where an officer has you follow a pen or a light with your eyes.
    • The walk and turn test
    • The one-leg stand test
    • Blowing into a portable breathalyzer, which will measure your blood alcohol level

What happens if I get arrested for a DUI?

  • In Illinois, if you get arrested for a DUI, the process of suspending your driver’s license has already begun. It’s essential you contact an attorney right away.
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