Getting arrested for DUI can turn your life upside down in an instant. And as you might already have discovered, the initial arrest is just the beginning.
Both misdemeanor and felony DUI charges can have lifelong consequences. While you can’t go back in time, you can make the best choice going forward. That’s the choice to work with an experienced attorney. The right Chicago DUI lawyer can guide you through the process, defend your rights, and help manage the damaging effects on your reputation.
Wondering what to do after you get a DUI in Chicago? If you’ve been arrested, you need the help of a proven criminal defense attorney immediately. Here’s a closer look at key steps to take after a DUI arrest.
Immediate Steps After a DUI Arrest in Chicago
What happens after you get a DUI in Chicago? Unfortunately, many people panic, shut down, or can’t think clearly when they’re arrested. When you have a general sense of the key steps to take after getting a DUI in Chicago, you can help protect your rights and your future legal defense.
Your lawyer can give you personalized advice, as some cases are slightly procedurally different from one another. However, this rundown can give you a sense of what happens once you’re arrested.
1. You May or May Not Be Released
Depending on your level of impairment and any other aggravating factors (like reckless driving before you were pulled over), you may or may not be released from jail. Usually, one of the following will happen:
- You’ll be released on recognizance (ROR), meaning you don’t have to pay bail
- You’ll be released on bond
- You’ll be held in custody
Often, if this is a first-time DUI and a misdemeanor, you’ll be ROR, but this is not guaranteed. You should call a lawyer immediately to discuss your next steps.
2. Your License Will Be Suspended
A DUI arrest in Illinois triggers a statutory summary suspension. A statutory summary suspension is an automatic license suspension. The length of that suspension depends on the specifics of your case:
- Taking and failing the test results in a six-month license suspension for a first offense
- Refusing the test results in a 12-month suspension for a first offense
You might wonder how you can have a license suspension when you haven’t yet been proven guilty of DUI. License suspension is a civil penalty, not a criminal one, so an immediate statutory summary suspension is completely legal.
However, you do have some recourse. Once you have been notified of the suspension, you have 90 days to request a hearing to challenge it.
3. The Criminal Court Process Begins
After your DUI arrest, you’ll be given a court date. In most cases, that court date is the first of many. You should absolutely retain a lawyer before your first court appearance. Your attorney can help you understand the status of your case and what will happen at each court date.
Generally, the criminal court process after a DUI arrest will proceed through the following stages:
- Arraignment: Your charges are read, and you enter a plea
- Pre-Trial Hearings: Motions are filed, and evidence is discussed
- Trial: Most cases end in a plea agreement, but if yours doesn’t, you’ll go to trial
The timeline of the court process for a DUI charge can vary significantly. An experienced DUI lawyer will be able to look at your case, assess the court system’s current backlog, and give you a general sense of how long your case could take to resolve.
Understanding Your Rights Post-Arrest
Wondering what to do after a DUI in Chicago? Taking a moment to understand your post-arrest rights could save you from making a costly mistake:
You Have the Right to an Attorney
If you’re wondering, “Do you need a lawyer after a DUI in Chicago?” the answer is an unequivocal yes. You have the right to an attorney, and you should exercise it. When it comes to steps to take after being charged with DUI in Chicago, this is probably the most important.
If the police are questioning you about the DUI and you request a lawyer, they must stop asking questions immediately.
You Have the Right to Remain Silent
You have the right not to answer questions that could be self-incriminating. Be polite but direct and say something like, “I want to remain silent.”
Handling Chemical and Breath Tests
If you’re in the midst of a Chicago DUI arrest, what to do is probably at the top of your mind. Many people know that if you refuse a chemical test, you could face civil and criminal penalties. However, there’s widespread confusion over what it means to refuse a chemical test.
If you are pulled over and arrested on reasonable suspicion of DUI, you may be subjected to two separate kinds of breath tests:
- Portable Breath Test: A small, field breathalyzer test that the officer may ask you to take at the scene
- Evidentiary Breath Test: A breathalyzer test taken at the police station using a larger, more accurate machine
Portable breath tests aren’t as accurate as evidentiary breath tests, so they are not admissible in court. However, the results of a field breathalyzer test may help the officer decide whether to arrest you or not.
You are fully within your rights to refuse a portable breath test at the scene, and doing so won’t lead to a license suspension. However, if you refuse the evidentiary breath test at the station, you’ll have your license suspended for 12 months (first offense) or three years (second offense within five years).
Navigating Administrative License Actions
What happens to your license after a DUI in Chicago? If you’ve been arrested, you already know that a statutory summary suspension happens immediately.
Depending on the circumstances, your DUI defense lawyer might recommend challenging the driver’s license suspension. You must request a hearing to do so. However, it’s important to understand that Illinois law limits the defenses that may be raised. The scope of the hearing is also limited, so this is not the place to argue for your innocence.
If you do request a hearing to contest the suspension, your Chicago DUI defense attorney might raise the following issues:
- Whether you were driving on a public roadway at the time you were stopped
- Whether you were in actual physical control of a vehicle
- Whether you actually refused a chemical test (if you’re accused of refusing)
- Whether you actually agreed to a chemical test that showed a 0.08 BAC or higher (if you’re accused of failing)
- Whether the police officer who arrested you had probable cause to pull you over
- Whether the officer told you about the suspension
- Whether you were warned of the consequences of failing or refusing a chemical test
- Whether there are any other possible issues with due process
After the hearing, the court will issue a decision. If the suspension is rescinded, you get your driving privileges back. If it is upheld, the suspension stands.
Keep in mind that your criminal case is a separate proceeding, and the outcome of your statutory summary suspension hearing has no bearing on whether you’ll be found guilty or innocent.
If your license suspension is upheld, you might be worried about getting to work or school (or even running basic household errands). Illinois allows you to apply for a restricted driving permit (RDP). This is a hardship license that allows you to drive for certain purposes on a very limited basis. Those purposes include the following:
- Going to and from work
- Going to and from recovery meetings
- Transporting yourself or household members for medical or educational purposes
In some cases, you may need to install a breath alcohol ignition interlock device (BAIID) on your vehicle. If a BAIID is required, you’ll be responsible for the cost.
Penalties for a DUI Conviction in Chicago
If you think you may have a DUI conviction in the near future, you’re probably wondering about Illinois DUI penalties. First offenses generally have lighter penalties than subsequent offenses, but aggravating factors may make those penalties more severe.
Here’s an overview of DUI conviction penalties in Illinois:
First Conviction
A first conviction for DUI is a Class A misdemeanor in Illinois. This is the most serious type of misdemeanor, and it comes with the following consequences:
- At least a one-year suspension of full driving privileges
- Possible jail time of up to one year
- A fine of up to $2,500
If you had a blood alcohol concentration of 0.160 or more at the time of your arrest, you could face additional penalties. Specifically, you’ll owe a minimum fine of $500 and will be ordered to perform 100 hours of community service.
Second Conviction
A second conviction is also a Class A misdemeanor. However, it comes with more significant penalties than a first conviction does:
- At least a five-year suspension of full driving privileges (if the second conviction is within 20 years of the first)
- At least five days in jail or 240 hours of community service
- Up to a year in jail
- A fine of up to $2,500
Just like with a first conviction, a second DUI conviction comes with harsher penalties if you had a blood alcohol concentration of 0.160 or more: you’ll owe a $1,250 mandatory minimum fine and have to spend at least two days in jail.
Third Conviction
If you’re convicted of DUI for a third time, that’s when penalties start to get much more severe. A third DUI conviction is a Class 2 felony in Illinois, and it comes with the following penalties:
- At least a 10-year loss of full driving privileges
- Up to seven years in prison
- A fine of up to $25,000
If your BAC was 0.160 or more when you were arrested, you’ll owe a fine of at least $2,500 and be required to spend at least 90 days in jail.
Aggravated DUI Conviction
If you cause an accident while driving under the influence and that accident leads to permanent disfigurement or great bodily harm, you might face an aggravated DUI charge. This is a Class 4 felony, and if you’re convicted, you could face these penalties:
- At least a two-year loss of full driving privileges
- At least 10 days in prison or 480 hours of community service
- Up to 12 years in prison
If you’re convicted of aggravated DUI, you could also owe a fine of up to $25,000.
Chicago DUI First Offense: What to Expect (Financial and Long-Term Consequences)
What happens after a DUI in Illinois? Plenty of people focus on the criminal consequences, but the impacts go much further than that:
Financial Losses
A DUI conviction can be hugely expensive over time. Throughout the Chicago DUI process, you might owe the following:
- Fines
- Court costs
- Attorney fees
- BAIID installation and maintenance costs
- Cost of alcohol/drug evaluation and treatment
- License reinstatement fees
- Cost of towing and vehicle impoundment
- Cost of increasing insurance premiums
If you lose your job or are unable to work while in jail, these circumstances may further compound your financial losses.
Impact on Employment
Many people wondering what to do after you get a DUI in Chicago are concerned about the financial impacts. Unfortunately, DUI convictions can be expensive, and they also may lead to loss of employment. Management usually won’t automatically fire you for getting a DUI, but if your job involves driving, your employer may have no choice.
Insurance Premiums
Getting a DUI can significantly raise your insurance premiums because you pose a risk to insurance companies. You may also be required to obtain SR-22 insurance. With this coverage, cancelling your policy or allowing it to lapse leads to automatic driver’s license suspension.
Reputational Damage
DUI convictions carry a stigma. That stigma may negatively affect your personal and professional life if others learn about your criminal history.
Preparing for Court and Legal Proceedings
How long does a DUI case take in Chicago? That depends on several factors, including these:
- Evidence processing time (for police results, blood tests if applicable, etc.)
- The court system’s current backlog
- Case complexity
For example, if your guilt is clear and your case is relatively uncomplicated, it may be resolved in a few months. Complex cases involving lots of evidence and disputes of fact could take years.
As for how to handle a DUI court date in Chicago, it’s best to let your attorney handle the legal arguments. If you have a court date, you should dress professionally and show up early. Always be respectful and address the judge as “Your Honor.”
Our criminal defense lawyers have extensive experience with DUI court representation in Chicago. Before each court date, we take the time to prepare you so you know what to expect.
Long-Term Steps and Record Management
Many people wonder what to do immediately after a DUI arrest in Chicago. However, if you’ve been convicted of a DUI, it’s important to look to the future.
Once you have completed your sentence, your driving privileges don’t automatically reinstate. You’ll have to go through the steps to do so, and the DUI process in Chicago doesn’t make this easy. Here’s how to get driving privileges restored after a DUI in Chicago:
- Schedule and attend a hearing before an Illinois Secretary of State hearing officer
- Complete an alcohol/drug evaluation
- If the evaluator recommends treatment, complete that treatment
- Complete an education program
- File proof of financial responsibility (SR-22 insurance)
- Pay the $500 fee to reinstate your license
If you have questions or encounter any issues along the way, our team is here to support you.
Arrested for DUI? Call Us
The consequences of a DUI in Chicago, Illinois, reach further than most people imagine. A strong DUI defense can’t guarantee a positive outcome, but an experienced lawyer can safeguard your rights and help to minimize the impact on your life.
If you’re wondering what to do after you get a DUI in Chicago, the answer is simple: call Kostopoulos Law Group right away. We aren’t afraid to defend those accused of serious crimes, and we believe everyone is entitled to a sound legal defense.
If you think our Chicago DUI defense attorneys might be right for you, call us today for a free consultation.
