Being arrested for DUI can leave you with a lot of questions very quickly. When is court? Can you still drive? Is your license automatically suspended? What happens to the breath or blood test? And what can an attorney actually do after the arrest has already happened?
An Illinois DUI arrest can create two separate legal problems at the same time: the criminal DUI case and an administrative proceeding involving your driving privileges. Understanding that distinction is important because the driver’s-license side of the case can begin moving before the criminal charge is resolved.
If you were arrested for DUI in Rockford or elsewhere in Winnebago County, taking action early gives your attorney more time to identify deadlines, preserve evidence, and evaluate what actually happened before, during, and after the traffic stop.
A DUI Arrest Creates Two Separate Issues
One of the most confusing parts of an Illinois DUI case is that the criminal charge and your driver’s-license consequences are related, but they are not the same proceeding.
The criminal DUI case determines whether the State can prove that you committed the offense of driving under the influence.
At the same time, you may face a statutory summary suspension of your Illinois driving privileges based on chemical testing or a refusal to submit to testing. The Illinois Secretary of State describes that suspension as an administrative consequence separate from the criminal DUI prosecution. For many drivers, the suspension becomes effective on the 46th day after the suspension notice.
That means waiting until the DUI case is further along before addressing your license can be a mistake.
What Happens to Your Driver’s License After a DUI Arrest?
The answer depends in part on what happened with chemical testing and your prior history.
For a qualifying first offense, failing chemical testing can result in a six-month statutory summary suspension. A qualifying first refusal can result in a 12-month suspension. Different periods can apply to subsequent offenses and other circumstances.
Illinois law also provides procedures for challenging a statutory summary suspension in court. Whether a challenge is appropriate depends on the facts surrounding the stop, arrest, warnings, testing, and other circumstances.
This is one reason someone arrested for DUI should not assume that there is nothing to address until the first substantive court hearing.
For more information about how DUI charges can affect both the criminal case and your ability to drive, visit Hirth Law’s Rockford DUI lawyer page.
What Happens in the Criminal DUI Case?
A DUI charge does not establish that a person is guilty.
Under Illinois law, DUI can be charged under several different theories. For example, the State may allege that a person drove or was in actual physical control of a vehicle while under the influence of alcohol or another substance, or that the person’s alcohol concentration was 0.08 or greater.
Most DUI offenses begin as Class A misdemeanors, although Illinois law identifies circumstances that can elevate a DUI to an aggravated DUI felony. Those circumstances can include prior DUI offenses and certain crashes, licensing circumstances, injuries, or other aggravating factors.
But the charge printed on a ticket is only the beginning of the case.
A defense attorney can examine whether the evidence actually supports the State’s allegations and whether law enforcement complied with the constitutional and statutory requirements that apply to the investigation.
What Should a DUI Attorney Review?
- Dash-camera and body-camera recordings
- The claimed reason for the traffic stop
- The officer’s observations before and after the stop
- Statements made by the driver and witnesses
- Standardized field sobriety testing
- Breath-test records and procedures
- Blood or urine testing and laboratory records
- The timing of alcohol consumption and testing
- Medical records when relevant
- 911 calls or witness statements
- The location and condition of the vehicle
- Whether the State can prove driving or actual physical control
- Documentation relating to the statutory summary suspension
- Whether the video evidence matches what is written in the police report
Video can be particularly important. A police report may describe a driver as having difficulty with balance, speech, coordination, or instructions. Body-camera or squad-car video may allow an attorney to independently evaluate what actually occurred.
The same is true of field sobriety tests. Poor performance does not exist in a vacuum. Road conditions, weather, footwear, injuries, physical limitations, instructions given by the officer, the testing location, and the way the tests were administered can all matter when the evidence is reviewed.
Was the Traffic Stop Lawful?
Before getting to breath tests or field sobriety tests, a DUI defense lawyer should ordinarily examine why the police encountered the driver in the first place.
An officer may claim that a vehicle crossed a lane line, was speeding, failed to signal, committed another traffic violation, or was being driven in a manner suggesting impairment.
The existence of video can make an enormous difference when evaluating that claim.
If there is a legal issue concerning the stop, detention, arrest, search, or collection of evidence, an attorney can determine whether that issue should be raised before trial.
This is part of the broader criminal defense analysis that should occur rather than simply assuming that an arrest means the State’s evidence cannot be challenged.
What Happens at Court After a Rockford DUI Arrest?
If the DUI is filed in Winnebago County, the case proceeds through the 17th Judicial Circuit. The Winnebago County court system includes the courthouse and criminal justice facilities in downtown Rockford. Your paperwork and court records should be used to determine exactly when and where you are required to appear.
The early stages of a DUI case may involve appearances while the attorneys obtain and review discovery, including police reports, recordings, testing information, and other evidence.
An attorney can also determine what motions or other legal issues need to be addressed before the case reaches a final resolution.
Not every DUI case follows the same path. The appropriate strategy depends on the facts, the evidence, the person’s record, the alleged testing, and the circumstances surrounding the arrest.
Can an Illinois DUI Charge Be Challenged?
Yes. A DUI arrest should not be treated as though the outcome has already been decided.
Possible issues vary enormously from one case to another, but a defense investigation may examine questions such as:
- Was there a lawful basis for the traffic stop?
- Did the officer have sufficient grounds to continue the investigation?
- Do the videos support the officer’s written observations?
- Were field sobriety tests properly instructed and administered?
- Are there medical or physical explanations for the officer’s observations?
- Was chemical testing performed properly?
- Are there problems with the timing or reliability of testing?
- Can the State prove who was driving or in actual physical control of the vehicle?
- Were the procedures surrounding the statutory summary suspension followed?
- Is there other evidence that contradicts the State’s theory?
The importance of any one issue depends on the particular case. The goal is not to apply a generic DUI defense to every arrest. It is to determine where the State’s case is strong, where it is weak, and what evidence can actually be proven in court.
What Should You Do After a DUI Arrest in Rockford?
Keep every document you received. DUI paperwork can contain important information concerning court dates, testing, and driving privileges.
Do not miss court. Confirm the date and location shown on your paperwork or court record.
Do not assume you can continue driving indefinitely. A statutory summary suspension can take effect while the criminal DUI case is still pending.
Save potentially important information. Receipts, photographs, text messages, location information, witness names, or other records from the hours surrounding the arrest may become relevant depending on the circumstances.
Avoid discussing the facts of the case on social media. Statements made publicly can create unnecessary problems in a pending criminal case.
Have the evidence reviewed early. The sooner an attorney understands how the arrest occurred, the sooner the attorney can determine whether there are driver’s-license issues, evidence that should be preserved, or legal challenges that should be considered.
Why Acting Quickly After a DUI Arrest Matters
The criminal case may take time to resolve, but some DUI-related issues begin much sooner.
Illinois treats the statutory summary suspension process separately from the criminal prosecution, and the Secretary of State states that these suspensions generally become effective on the 46th day after the suspension notice.
Early review also gives a defense attorney an opportunity to determine what recordings, documents, witnesses, testing records, and other evidence may matter.
The important question after a DUI arrest is not simply, “What was I charged with?” It is also: What can the State actually prove?
Speak With a Rockford DUI Defense Attorney
Hirth Law represents people charged with DUI in Rockford, Winnebago County, and throughout Northern Illinois.
Attorney Cassandra Hirth reviews the circumstances surrounding the traffic stop, the DUI investigation, available video, chemical testing, driver’s-license consequences, and the evidence the State intends to use in court.
If you have been arrested for DUI, you can contact Hirth Law or call (815) 315-1933 to schedule a free consultation.
This article provides general information about Illinois law and is not legal advice. The facts and legal issues in every DUI case are different.