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posted on 10/28/18

If you are arrested for DUI in Illinois, you may encounter a lot of chaos and confusion. You may not understand where you are in the process, what your rights are, and how you should react at different stages along the way. Though every case is different, there are certain common elements to expect. The chronology of a DUI case is subject to strict rules, starting from the moment you were pulled over to the final findings and sentencing. Retaining an experienced drunk driving defense attorney is the best way to defend drunk driving charges, but an overview of the timeline of a DUI should be helpful.

The Roadside Stop

A police officer may pull you over for a number of reasons. You may have violated a traffic law or been operating your vehicle in a questionable way. Either of these situations may give law enforcement probable cause. In other situations, you could have been detained through a sobriety checkpoint and forced to perform field sobriety tests. These routine stops are common in certain areas around Northern Illinois, especially around the holidays.

Arrest and Chemical Testing

Once police have probable cause to believe that you have been drinking, you could be formally arrested. This does not mean you are guilty of DUI, but officers can take you to the station for a chemical test. A blood, urine, or breathalyzer test is scientific proof of your blood alcohol concentration (BAC).

  • BAC .05 – .08%: Though .08% is the legal limit for drunk driving in Illinois, your driver’s license is not subject to an immediate, automatic suspension. Still, there may be implications when officials take the matter further.
  • BAC .08% or Higher: When your BAC is at or above the legal limit of .08%, a statutory summary suspension applies. If you have a valid license, it will only be good for another 45 days until you contest the DUI in court.

Hearing on Statutory Summary Suspension

You can dispute your DUI arrest, but you may be limited in the issues you can raise in your defense. In most cases, you can only contest probable cause and/or reasonable suspicion of being under the influence of alcohol.

Criminal DUI Charges

In addition to the administrative proceedings regarding your driving privileges, there will be a criminal case for DUI. Drunk driving is a crime separate from the matter involving your driver’s license. You could face jail time, hefty fines, probation, and community service. Plus, you may have a permanent mark on your criminal record. A DUI conviction can be a big problem for your current job, future employment, getting loans, and in other situations.

Trust an Illinois DUI Defense Attorney to Help with Drunk Driving Charges

For more information on DUI and the chronology of drunk driving cases in Illinois, please contact the defense lawyers at Glasgow & Olsson. We serve residents in Cook, DuPage, McHenry and Lake Counties in all types of criminal issues. You can reach our office by calling 847.577.8700 or going online to read more about how a DUI defense lawyer can help.

(image courtesy of Alex Knight)