You got arrested for a DUI. Your head is spinning. What happens to your license? Are you going to jail? How much is this going to cost? What do you do first?
Take a breath. A first DUI in Illinois is serious, but people get through it every single day. There's a clear path forward — here's what it looks like, step by step.
After being pulled over, if the officer suspects you're impaired, you'll be asked to perform field sobriety tests and/or submit to a chemical test (breathalyzer, blood, or urine). In Illinois, by driving on state roads, you've given "implied consent" to chemical testing. You can refuse, but there are consequences for that (more on that below).
If arrested, you'll be taken to the police station for booking. You'll be photographed, fingerprinted, and given paperwork including your charges and a court date. In most first-offense cases, you'll be released on bond — often within a few hours.
Your vehicle will typically be towed or you may be able to arrange for someone to pick it up from the scene. You'll need to pay towing and storage fees to retrieve it.
This is the part that catches most people off guard. Your license suspension has nothing to do with your court case — it happens automatically and on a separate track.
If you failed the chemical test (BAC of .08 or higher), your license will be suspended for 6 months starting 46 days after your arrest.
If you refused the chemical test, your license will be suspended for 12 months starting 46 days after your arrest.
This suspension happens regardless of what happens in your court case. Even if the criminal charge is eventually reduced or dismissed, the administrative suspension still applies unless successfully challenged.
Here's the good news for first-time offenders: you're likely eligible for a Monitoring Device Driving Permit (MDDP). This allows you to drive during your suspension period with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle.
With an MDDP, you can drive anywhere, anytime — there are no route or time restrictions. You just need to blow into the device before starting the car, and periodically while driving, to prove you haven't been drinking.
Your DUI criminal case is separate from your license suspension. Here's the general timeline:
You'll appear in court on the date listed on your paperwork. At this hearing, you'll be formally charged and enter a plea. This is when most people hire a DUI attorney if they haven't already. Having an attorney is strongly recommended — DUI law is complex, and the consequences are significant.
For a first DUI in Illinois, you may be eligible for court supervision. This is not a conviction — it means the judge is essentially giving you a chance to complete certain conditions (like a DUI evaluation and treatment) in exchange for keeping the DUI off your criminal record.
Court supervision is available only once for DUI in Illinois. If you successfully complete all the conditions, the charge won't appear as a conviction on your record. This is significant — a DUI conviction in Illinois cannot be expunged or sealed.
Whether your case results in court supervision or a conviction, you'll need to complete a DUI evaluation. This should be one of the first things you take care of, because:
The evaluation takes about an hour and is conducted by a licensed IDHS DBHR provider. You can read a detailed walkthrough of what to expect at your DUI evaluation.
At DUI Evaluation & Treatment Services, we offer both in-person and virtual evaluations with same-day documentation. We use the ASAM Criteria, 4th Edition as required by the state.
Based on your evaluation results, you'll be assigned one of four risk levels. Most first-time offenders are classified as Minimal or Moderate Risk:
We offer both of these programs at our Springfield office. Getting these completed early is important — you'll need proof of completion for the court and potentially for the Secretary of State.
For a first offense, your path to getting your license back depends on whether you received court supervision or a conviction:
A first DUI in Illinois is typically a Class A misdemeanor. Potential penalties include:
Aggravating factors — like a very high BAC, an accident, having a minor in the vehicle, or being in a school zone — can increase the severity of penalties.
Here's what we recommend doing right away after a first DUI arrest:
A first DUI doesn't have to define your life. Take it step by step, complete what's required, and move forward.
Call us at (217) 891-6063 to schedule your DUI evaluation and get started, or contact us online.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. DUI laws and penalties can change, and every case is different. For advice about your specific situation, consult with a qualified DUI attorney.