You were arrested, released, and handed paperwork with a court date on it. Now you are trying to work out how bad this is.
Here is the part most people miss. Two clocks started that night, not one. The criminal case moves at the court’s pace. Your license does not wait for it.
We are former Cook County prosecutors. We spent years on the other side deciding which DUI cases to charge, which is the same call being made about you right now. If this is your first arrest, our first DUI page walks through what that specific process looks like.
Illinois suspends your driving privileges on the 46th day after your arrest notice. That happens automatically, before your case is decided. To stop it, a petition to rescind has to be filed and heard, and the window is short.
If probation is granted, 10 days jail or 480 hours community service
Fourth
Class 2 felony
3 to 7 years in prison
Probation is not available
Fines reach $2,500 on a misdemeanor DUI. A conviction also cannot be expunged or sealed in Illinois, which is the consequence that outlasts everything else on this list.
First DUI
No mandatory minimum
Second DUI
5 days jail or 240 hours
Third DUI
10 days jail or 480 hours
Fourth DUI
3 years prison minimum
Mandatory minimum sentence by DUI offense in Illinois. A first offense carries none, which is why court supervision is often the goal. Source: 625 ILCS 5/11-501
Where DUI Cases Come Apart
A DUI is not one piece of evidence. It is a chain, and we test every link.
The stop. Police need a lawful reason to pull you over. Without it, what followed may be challenged.
The breath test. Machines require calibration and a trained operator following a set procedure. Those records exist and we request them.
Field sobriety tests. These are scored by an officer’s judgment. Cold weather, injuries, footwear, and medical conditions all affect performance.
Physical control. In Illinois you can face a DUI without driving, but the State still has to prove you had actual physical control. That is often arguable.
The observation period. Breath testing requires the officer to watch you for a set time first. It gets skipped more often than you would think.
Medical explanations. Red eyes, unsteadiness, and slurred speech have causes other than alcohol.
Failing Field Sobriety Tests Does Not Mean a Conviction
Case Results
These are real outcomes from our own files. We have left out names and identifying details.
Not Guilty After Bench Trial
Not Guilty
Alexander KtenasAttorney at Law
Charge
Third DUI
What Was at Stake
Jail and a multi-year revocation
Turning Point
No witness could place the keys in the ignition
Our client was found asleep in his car in a parking lot. A bystander had taken the keys and handed them to an officer before police made contact.
Reviewing the body camera and reports, we saw the State had nobody who could testify our client was in actual physical control. At trial the arresting officer confirmed he never saw the keys in the vehicle and did not know whether our client had driven.
The judge found him not guilty. He kept the license his job depended on.
License Suspension Rescinded
Suspension Rescinded
Lauren KtenasAttorney at Law
Charge
DUI
What Was at Stake
One year suspension
Turning Point
The stop was extended without reasonable suspicion
Our client was pulled over for a minor traffic violation. Body camera footage showed the stop ran 20 minutes, and that the officer handed over the citation and explained the court process, which signalled she was free to go.
Only then did he begin asking where she had been and whether she had been drinking. We filed a petition to rescind on reasonable suspicion grounds.
The court granted it and she got her license back.
Not Guilty After Bench Trial
Not Guilty
Alexander KtenasAttorney at Law
Charge
DUI
What Was at Stake
Conviction and jail
Turning Point
A medical explanation the officers never ruled out
Officers approached our client in a parking lot and reported red, bloodshot, glassy eyes. The body camera showed something else: our client telling them he had a severe allergic reaction to a cat earlier that night, that he had injured his legs at work, and that he was shivering in the cold.
He performed well on the field sobriety tests anyway. Nobody established how much wine he had, when, or from what size bottle.
We won the petition to rescind and secured a not guilty verdict at trial.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
Why Clients Hire Us
We have been on the other side of the table. That is not a slogan, it is a working advantage: we know how these cases get evaluated, where the weak spots usually are, and what a prosecutor is willing to move on.
You also get the attorneys. Your calls come to us, not to a paralegal who relays messages.
And we move quickly, because the 46-day clock does not care how busy anyone is.
Where We Handle DUI Cases
Your case goes to the courthouse covering the arrest location, and the culture varies a lot between them. Knowing the room matters.
We also handle cases in DuPage, Will, and Lake counties. If you are not sure which courthouse applies to you, our Cook County court districts guide sorts it by address.
Your License and How to Keep Driving
Even during a suspension, first-time offenders may qualify for a Monitoring Device Driving Permit after 30 days, using a Breath Alcohol Ignition Interlock Device.
That permit is what keeps people working while a case is pending. We handle the petition alongside the criminal case rather than treating them as separate problems.
If you hold a commercial license, the rules are stricter and the stakes are higher. Our CDL DUI page covers that.
Frequently Asked Questions
Your driving privileges are suspended on the 46th day after the arrest notice. A petition to rescind has to be filed and heard before then to stop it. This is the most time sensitive part of a DUI case.
Yes. Illinois law reaches actual physical control of a vehicle, not just driving. But the State still has to prove it, and that is frequently where these cases are won. Being asleep in a parked car is not automatically enough.
Talk to a lawyer before you decide. A first DUI is a Class A misdemeanor, and Illinois court supervision can sometimes resolve it without a conviction. Whether that is available depends on your record and the facts. Our first DUI page explains how supervision works.
Refusing triggers a longer automatic suspension under the implied consent law. It does not mean you have no defense. Cases are defended both ways, and the refusal itself can sometimes be explained.
Often yes. First-time offenders may qualify for a Monitoring Device Driving Permit after 30 days with an interlock device installed. We handle that petition as part of the case.
A DUI conviction in Illinois cannot be expunged or sealed. That permanence is the strongest reason to look hard at whether a conviction can be avoided in the first place.
A second DUI carries a mandatory minimum of 5 days in jail or 240 hours of community service. A third is charged as Aggravated DUI, a Class 2 felony. Our multiple DUI page covers repeat charges in detail.
It depends on where you were arrested. Chicago arrests generally go downtown or to a branch court, and suburban arrests go to the district courthouse covering that area. Our Cook County districts guide shows which one applies.
Talk to a DUI Attorney Today
The 46-day clock is already running, and the evidence we need is easiest to get early. Body camera footage, calibration records, and dispatch logs do not stay available forever.
Tell us what happened during the stop and when your court date is. We will explain what the State has to prove and where your case is arguable.
This page is general information about Illinois law and is not legal advice. Penalties depend on your record and the facts of your case. Speak with an attorney about your situation.
Alexander Ktenas is a respected trial attorney in the Chicago area, known for his tenacious work ethic and deep knowledge of the law. As a managing partner at Ktenas Law, he has successfully conducted hundreds of trials, applying an aggressive trial strategy to defend his clients in a variety of cases, primarily in criminal and DUI defense.
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