After an arrest, DUI lawyers in Chicago handle two cases at once: the criminal charge and your driver's license. They defend first offenses, repeat and felony charges, and drug-related DUI. A defense attorney can test whether the stop was legal and whether breath or blood results hold up. That can mean a dismissal, a lesser charge, or less time off the road. Most will talk through a case for free before you hire them.
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Carlos H. Davalos once prosecuted felony narcotics cases at 26th and California. He now defends misdemeanor and aggravated DUI charges from five Chicago-area offices. He belongs to the National College for DUI Defense and speaks Spanish.
Often a flat fee. The price depends on the charge, your record, and whether the case goes to trial. An aggravated charge or a jury trial costs more than a first offense that resolves early.
It is suspended on day 46. A failed or refused chemical test triggers a statutory summary suspension. First offenders lose their license for 6 months after a failed test and 12 months after a refusal. Drivers with a DUI or suspension in the past five years face 12 or 36 months.
File a petition to rescind. It must be filed within 90 days of the suspension notice. The court then has 30 days to hold a hearing. Filing does not pause the suspension, so act early.
No, it is a Class A misdemeanor. It carries up to 364 days in jail and a fine of up to $2,500. Many first offenders qualify for court supervision, which avoids a conviction. Supervision is available only once in a lifetime.
They rise fast. A second conviction brings 5 days in jail or 240 hours of community service. A second offense within 20 years also means at least a five-year revocation. A third DUI is a Class 2 felony with a possible prison term of 3 to 7 years.
First offenders often can. They may apply for a Monitoring Device Driving Permit and install a breath alcohol ignition interlock device. Drivers who are not first offenders do not qualify for this permit.
Not if it ends in a conviction or supervision. Illinois bars both outcomes from expungement and sealing. A case dismissed or ending in a not-guilty verdict may be eligible.
First-offense DUI. Arrests inside city limits go to the Traffic Division at the Daley Center. Suburban Cook County arrests are heard in the municipal district where the stop happened.
Repeat DUI. Prior convictions remove supervision as an option. Mandatory jail or community service applies, and the license revocation grows longer with each offense.
Aggravated DUI. A crash causing great bodily harm, driving on a revoked license, or a third offense turns the case into a felony. Those cases from Chicago move to the Leighton Criminal Court Building.
Cannabis and drug DUI. Illinois sets a THC limit of 5 nanograms per milliliter of whole blood within two hours of driving. Prescription drugs can also support a charge if they impair driving.
CDL DUI. Commercial drivers face a 0.04 alcohol limit while operating a commercial vehicle. A conviction can disqualify the CDL even after an arrest in a personal car.
Underage DUI. Illinois has zero tolerance for drivers under 21. Any trace of alcohol can cost a young driver their license.
Ask who runs the license hearing. The suspension and the criminal charge move on separate tracks. One attorney should manage both, with the same strategy.
Match the lawyer to your courthouse. A city arrest means the Daley Center. A suburban arrest may land in Skokie, Rolling Meadows, or Markham. Ask how often the attorney appears in your cases.
Ask about trials. Some offices resolve nearly every case by plea. Ask how many DUI cases the lawyer has tried before a judge or jury.
Test their grasp of the evidence. Breath machines need maintenance records. Blood draws follow strict handling rules. A good lawyer requests those documents early.
Get the fee terms in writing. Confirm whether trial, motions, and the rescission hearing cost extra.
No two DUI cases end the same way. Judges look at your record, your alcohol level, and whether a crash hurt anyone. A reading of 0.16 or higher brings extra mandatory penalties. A child passenger raises the stakes further. On the defense side, an unlawful stop or faulty testing can weaken the State's evidence. A reduction to reckless driving avoids the mandatory revocation that follows a DUI conviction. Whether that is possible depends on the facts and the witnesses.