What To Expect After Your DUI Arrest

What's the worst case scenario for your license suspension?

If this is your first time DUI offense and you want to drive (and haven't had your hearing on the suspension or lost it) you are still eligible to put a breathalyzer (called a BAIID device) in your car and drive during your suspension as long as you drive the car where the BAIID is installed. It's not great: you have to blow into it to start your car and it can also alert you to blow again while you're driving, but it's better than not driving at all for some people. Keep in mind the BAIID device is far from perfect and can register alcohol in your breath even if you've only just brushed your teeth or had been chewing gum.

Can I Still Drive Right Now After My DUI Arrest?

As long as you had a valid license on the date of your arrest, you can STILL drive for 46 days after your arrest. However, at midnight on the 46th day, your license will be suspended. If you have an Illinois driver's license, the officer probably took your license. You are still able to drive without it.

The officer should have given you a thin, white piece of paper that says "Notice of Statutory Summary Suspension". If you turn it over, on the back there will be a "receipt to drive." The officer should have filled that out with your driver's license information, and you can use this to drive instead of having your driver's license on you.

Call a DUI Attorney Within a Few Days of Your Arrest

It is a misconception to think there is nothing that can be done until your first court date. It's actually the opposite. Like we mentioned above, your license suspension should happen automatically at midnight on the 46th day after your arrest. This cannot in any way be delayed until later by your attorney. The only options to prevent yourself from being suspended on that 46th day are to file a Petition to fight the suspension and sometimes win the hearing on that Petition, in order for the suspension to be taken off.

Keep in mind most of these suspension hearings are held on your first court date or later, which is usually after your suspension may start, so you should hire a lawyer right after your arrest in order to have time on your side before your suspension starts. There may also be key evidence your lawyer needs to request, like video footage, that will be destroyed or recorded over if it's not requested within a few days.

If you want to fight your license suspension in Chicago, schedule a consultation with our DUI defense attorney by calling (888) 473-4058 today!

The DUI Court Process

Every courthouse is different. If your case is at Daley Center, 50 W. Washington, Chicago, IL your DUI case will be on the 4th floor. You will be assigned to the same room every court appearance. At Daley Center, the judges rotate every day, and you will not know beforehand which judge you will see. You can possibly have a different judge every time you appear in court. Court will either be at 9 am or 1 pm, and you cannot be late. If you are late, the judge may issue a warrant for your arrest.

If you have court in the Skokie courthouse, Bridgeview courthouse, Markham courthouse, the Maywood courthouse, the Rolling Meadows courthouse or 26th and California, you will also be assigned a specific room. The judges at these courthouses don't rotate as often, so you may have the same judge throughout your case. Appearance times at these courthouse include 9 am, 10:30 am, 1:00 pm, 1:30 pm.

DUI Court Appearances

In Illinois, a defendant must appear at every court date unless the judge specifically grants permission to the defendant not to appear. This is rare, and would only happen for very narrow circumstances. We read in the newspapers and tabloids about stars who get arrested in other states and their lawyers appear for them while they are off working in a different state, but that does not happen in Illinois. In addition, you must get permission from the judge to leave the state of Illinois after you've been arrested and while your DUI case is going on.

Your first appearance court date is set by the police officer and is listed on the tickets that were given to you, and also on your bond slip. All police officers have a "key date" schedule in which they appear in court every few weeks each year. Your case will be set on your officer's key date (or assigned date) to be in court. Usually your additional court appearances will also be set on your officer's preset key dates.

You should assume there will be at least a handful of court dates that you will have to appear at, although every case is different. Certainly for defendants who live out of town and were arrested while they were visiting Chicago, they want to limit the number of times they have to fly back for court. However, we generally tell our clients that if we are going to take the case to trial, they should plan on at least 3 or 4 court dates. Some cases take more than a year to fight, some take less.

Since the license suspension by the Secretary of State is the first consequence that happens as a result of your DUI arrest, that is the first thing we fight. Since your criminal DUI charges and other tickets will not go on your record until the end of the case if you lose, it is advisable to fight your suspension in court first. Once that has been done, you can move onto fighting the criminal charges.

The DUI court process can be confusing. Let our lawyers help, contact The Toney Law Firm, LLC today!

DUI Evidence

Usually on your first court date, your lawyer will request and receive a copy of the discovery. This includes the police reports, your alcohol and drug influence report, the warning to motorist, the sworn report, arrest reports, copies of your tickets and a video if one exists in your case.

Certain Chicago Police Officers have squad cameras in their cars as well as audio mics they wear on their uniform and one inside the car. These videos are meant to capture what happens as the officer drives, what happens outside the squad car, as well as a reverse camera that shows what is happening in the back seat of the squad car. All Illinois State Police squads are supposed to be equipped with working video cameras. And other municipalities may also have squad cameras but it depends on whether they can afford them or not. There may also be video of what happens in the police station after you've been arrested. Usually this is the booking room where you were taken while the officer completes paperwork and asks you to submit to a breathalyzer test.