WHAT IS THE PROCEDURE ON A FIRST TIME DUI IN ILLINOIS?

Once you have been arrested, you are typically brought to the police station, asked to take a breath test and released.  You will be given a court date for your first court appearance. You will also be given a Sworn Report stating that the Secretary of State will suspend your driver’s license, usually beginning 46 days after your arrest.

On the first court date, you are best advised to show up with an experienced DUI attorney. The attorney will enter his or her appearance, which tells the court that he or she is your official representative. The attorney will also ask for copies of the evidence against you.

If you promptly hire an attorney, that attorney may file a petition fighting the suspension of your driver’s license. Even if the attorney cannot win that petition, you may be eligible to drive with a Breath Alcohol Ignition Interlock Device.

After evaluating the evidence against you including any police video from the arrest, the attorney may wish to bring other motions before the court. Perhaps the police lost the video from the arrest. An attorney can ask the court to sanction the state which in some circumstances result in dismissing the charges against you.

After reviewing the evidence, your attorney can also advise you on whether you have a winnable case or whether you should make a plea bargain. An attorney, who is familiar with the courthouse, may be able to negotiate a more favorable plea agreement than you could on your own.

In either case, you will likely be asked to get an alcohol evaluation. In Cook County, only one agency (Cook County Social Services) is authorized to prepare these reports. Your sentencing may depend on how your evaluation turns out. An attorney can help prepare you for your evaluation.

If you decide against a plea bargain, your attorney may take your case to trial before a judge or jury.

If you have questions about this or another DUI, contact Matt Keenan at 1-847-568-0160 or email matt@mattkeenanlaw.com.