A first DUI in Illinois is generally charged as a Class A misdemeanor, although certain circumstances can result in more serious charges. Factors such as prior offenses, injuries, driving without a valid license or insurance, or other aggravating circumstances can affect how a DUI is charged.

Yes. A DUI arrest can result in consequences for your Illinois driving privileges in addition to the criminal case. The length and type of suspension or revocation can depend on factors including prior DUI history and whether you submitted to or refused chemical testing.

A DUI charge can potentially be dismissed, reduced or successfully challenged, but the outcome depends on the evidence and circumstances of the individual case. A DUI defense attorney may examine the legality of the traffic stop, police observations, field sobriety testing, breath or blood test evidence, video footage and whether proper procedures were followed.

An aggravated DUI is a DUI offense charged as a felony under Illinois law. A DUI may become aggravated under certain circumstances, such as particular repeat offenses or cases involving specified aggravating factors. The potential penalties are substantially more serious than those associated with a misdemeanor DUI.

Illinois drivers are not generally required to perform roadside field sobriety tests. However, field sobriety testing and chemical testing raise different legal issues, and refusing certain chemical tests can have consequences for a driver’s license. What happened during testing can also become important evidence in defending a DUI case.

Yes. A BAC below .08 does not necessarily prevent a person from being charged with DUI in Illinois. The prosecution may attempt to establish impairment through other evidence, including driving behavior, police observations, field sobriety tests and other circumstances surrounding the arrest.

Many DUI cases arising in DuPage County are handled through the DuPage County court system in Wheaton. The specific courthouse, courtroom and procedures applicable to a case depend on where the offense occurred and how the case was charged.

You are not required to hire a private attorney, but a DUI can have consequences involving your criminal record, driving privileges, insurance and other areas of your life. An attorney can review the traffic stop, testing procedures and other evidence and determine which defenses or options may apply to your particular case.

Potential defenses depend on the facts of the case. A DUI lawyer may examine whether police had a lawful basis for the traffic stop, whether field sobriety tests were properly administered, whether breath or blood testing was reliable, whether video evidence conflicts with police reports and whether the prosecution can prove each required element of the charge.