Being arrested for DUI in Illinois is frightening, and what you do in the first 48 hours matters. This guide walks through the process step by step.
1. Understand the Two Separate Cases
An Illinois DUI creates two proceedings at once: a criminal case in county court, and a separate administrative action against your driver’s license handled by the Illinois Secretary of State. They run on different timelines and are decided independently.
2. Know the Statutory Summary Suspension Clock
Illinois uses a “statutory summary suspension” when a driver fails or refuses chemical testing. The suspension begins automatically on a set date after the arrest unless it is formally challenged, so the window to act is short.
3. Request a Hearing in Time
A petition to rescind the summary suspension must be filed with the court. Missing that window generally means the suspension takes effect regardless of what happens in the criminal case.
4. Gather What You Were Given
Keep every document from the arrest: the citation, the notice of summary suspension, and any paperwork about chemical testing. These drive both cases.
5. Talk to an Illinois DUI Attorney Early
Because the license and criminal tracks move on separate clocks, early advice from an attorney licensed in Illinois is the single most useful step.
This article is general information about Illinois procedure, not legal advice, and does not create an attorney-client relationship. Consult a licensed Illinois attorney about your situation.
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