Getting arrested for DUI is overwhelming — especially if it's your first time. You're probably dealing with a suspended license, court dates you don't understand, and questions about what happens next.
Here's the good news: a first-time DUI in Illinois is serious, but it's also the most manageable DUI offense if you handle it correctly. Thousands of people successfully navigate this process every year and move on with their lives.
This guide covers everything you need to know about a first DUI in Illinois — the penalties, the timeline, and the steps you should take right now to minimize the consequences.
What Counts as a DUI in Illinois?
In Illinois, you can be charged with DUI (Driving Under the Influence) if:
- Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.00% if under 21)
- You're impaired by alcohol to a degree that makes you unable to drive safely (even below 0.08%)
- You're under the influence of drugs (illegal drugs, marijuana, or even prescription medications that impair driving)
- You have any amount of illegal drugs in your system while driving
It's important to understand: you can be arrested for DUI even if your BAC is below 0.08% if the officer believes you're impaired. Field sobriety tests, erratic driving, and other evidence can all support a DUI charge.
Penalties for a First-Time DUI in Illinois
A first-time DUI in Illinois is a Class A misdemeanor. Here's what you're facing if convicted:
Criminal Penalties:
- Up to 1 year in county jail (jail time is uncommon for first offenders with no aggravating factors)
- Fines up to $2,500 (plus court costs and fees)
- Probation (typically 12-24 months)
- Community service (often required as part of sentencing)
Driver's License Suspension:
- Statutory Summary Suspension is automatic upon arrest:
- 6 months if you took and failed the breathalyzer or blood test
- 12 months if you refused testing
- Additional 1-year revocation if convicted of DUI (runs after the summary suspension ends)
Other Consequences:
- Alcohol/drug evaluation and treatment (required by court and for license reinstatement)
- Victim Impact Panel (MADD panel or similar program)
- SR-22 insurance (high-risk insurance filing, significantly increases premiums)
- Possible ignition interlock device (BAIID) as a condition of driving privileges
- Criminal record (a DUI conviction stays on your record and cannot be expunged in Illinois)
These penalties can escalate if aggravating factors are present — such as a very high BAC (0.16% or higher), having a minor in the car, causing an accident, or having prior offenses.
What Is Court Supervision?
If you're a first-time offender with no aggravating factors, you may be eligible for court supervision instead of a conviction. This is the best possible outcome for a DUI case.
How supervision works:
- You plead guilty, but the court does not enter a conviction
- You're placed on probation or court supervision (typically 12-24 months) with conditions:
- Complete alcohol/drug evaluation and treatment
- Pay fines and court costs
- Attend Victim Impact Panel
- No new arrests or violations
- If you successfully complete supervision, the case is dismissed
- No DUI conviction appears on your criminal record (but the arrest remains)
Important limitations:
- You can only receive supervision for DUI once in your lifetime
- Not available if someone was injured in an accident
- Not available if you had a minor under 16 in the vehicle
- The Secretary of State will still treat it as a DUI for license purposes
Court supervision is a privilege, not a right. Your attorney will need to negotiate for it based on the facts of your case.
Timeline: What Happens After Your Arrest
Here's what to expect in the weeks and months following your DUI arrest:
Day of Arrest:
- You're arrested and given a Notice of Summary Suspension (white form)
- Your license is confiscated if you failed or refused the breath/blood test
- The notice serves as a temporary driving permit for 45 days
First 14 Days:
- Critical deadline: You have 14 days to petition for a Monitoring Device Driving Permit (MDDP) to avoid a complete driving prohibition after your 45-day permit expires
- Consult with a DUI attorney immediately — this window is short
30-60 Days:
- First court date (arraignment) — you'll be formally charged
- You or your attorney will enter a plea (usually not guilty) and begin negotiations
- Request and complete your DUI evaluation
45 Days After Arrest:
- Your temporary driving permit expires
- Statutory Summary Suspension begins (6 or 12 months)
- If you applied for an MDDP, you can continue driving with a BAIID device installed
2-6 Months:
- Pretrial motions and negotiations between your attorney and the prosecutor
- Complete any required treatment or education programs
- Attend Victim Impact Panel
6-12 Months:
- Case resolves via plea agreement or trial
- Sentencing (if convicted) or supervision terms imposed
- Statutory Summary Suspension ends (if 6 months)
- Begin reinstatement process with Secretary of State
12-24 Months:
- Complete probation or supervision successfully
- Full license reinstatement (if all requirements met)
Total timeline for a first DUI: 9-24 months from arrest to case closure and license reinstatement, depending on how quickly you complete requirements and whether your case goes to trial.
What You Should Do Right Now
If you've been arrested for a first-time DUI, here are the most important steps to take immediately:
1. Decide if You Want to Hire a DUI Attorney (Within 1-2 Weeks)
A DUI attorney can:
- Challenge the legality of the stop or arrest
- Negotiate for court supervision or reduced charges
- Guide you through the MDDP application process
- Represent you in court and Secretary of State hearings
2. Apply for an MDDP (Within 14 Days)
The Monitoring Device Driving Permit allows you to keep driving with a BAIID (ignition interlock device) installed during your suspension. If you don't apply within 14 days of your arrest, you'll face a mandatory 30-day complete driving prohibition before you can get the permit.
Your attorney can handle this application for you.
3. Get Your DUI Evaluation (Within 30 Days)
Don't wait until your court date is approaching. Getting your evaluation done early allows you to:
- Start required treatment immediately
- Show the court you're taking responsibility
- Give your attorney leverage in negotiations
You'll need to bring:
- Court-purpose driving abstract from the Secretary of State
- Your arrest paperwork (Notice of Summary Suspension)
- Valid photo ID
Learn more about the DUI evaluation process.
4. Order Your Driving Abstract
You'll need a court-purpose driving abstract from the Illinois Secretary of State for your evaluation and court case. Order it online at cyberdriveillinois.com or visit a Secretary of State facility. Cost is around $20.
5. Stay Out of Trouble
This should go without saying, but: do not drink and drive again. Any new arrest while your DUI case is pending will eliminate any chance of supervision and result in much harsher penalties.
Can You Still Drive After a DUI Arrest?
Yes — but with restrictions.
After your arrest, you receive a 45-day temporary driving permit. After that, your Statutory Summary Suspension begins and your driving privileges are revoked unless you:
- Applied for an MDDP within 14 days and had a BAIID device installed
- Successfully challenged the suspension in court (rare and difficult)
With an MDDP and BAIID, you can drive anywhere, anytime — work, personal errands, school, etc. The device requires you to blow into it before starting the car and randomly while driving. If it detects alcohol, the car won't start or will trigger an alarm.
BAIID installation costs around $100-$150, with monthly monitoring fees of $80-$120.
Will a First DUI Ruin Your Life?
Let's be honest: a DUI is serious. It's stressful, expensive, and has real consequences. But it doesn't have to ruin your life.
If you handle it correctly:
- You can potentially avoid a conviction through court supervision
- You can keep your job by obtaining an MDDP and staying compliant
- You can get your license reinstated and move forward
The key is taking it seriously from day one:
- Decide if you want to hire an attorney
- Complete your evaluation and treatment promptly
- Stay out of trouble during the case
- Follow all court and Secretary of State requirements
Most people who do this successfully resolve their first DUI and put it behind them.
What If You're Under 21?
Illinois has a zero tolerance policy for drivers under 21. If you're under 21 and have any detectable amount of alcohol in your system (0.01% BAC or higher), you can be charged with DUI.
Additional penalties for drivers under 21 include:
- Automatic license suspension until age 21 (or minimum 2 years)
- No eligibility for MDDP in some cases
- Possible suspension of financial aid eligibility for college
If you're under 21 and arrested for DUI, hiring an experienced attorney is something you may want to strongly consider.
Common Mistakes First-Time DUI Offenders Make
Don't make these errors:
1. Assuming It Will "Just Go Away"
DUI cases don't disappear. Ignoring court dates or failing to complete requirements will result in warrants, license revocation, and harsher penalties.
2. Not Considering Hiring an Attorney
Public defenders are often overworked and may not have DUI-specific experience. Private DUI attorneys are often worth the investment for first-time offenders seeking supervision.
3. Waiting Until the Last Minute for the Evaluation
Getting your evaluation done early shows responsibility and gives you time to complete treatment before sentencing. Waiting until the week before court creates unnecessary stress.
4. Failing to Apply for an MDDP
Missing the 14-day deadline means a 30-day hard suspension where you can't drive at all. That can cost you your job.
5. Driving on a Suspended License
Driving while suspended is a separate criminal charge and will destroy any chance of getting supervision for your DUI. Take an Uber. Get rides from friends. Don't risk it.
Why Complete Your Evaluation Early
Of all the steps you need to take, getting your DUI evaluation done early is one of the smartest moves you can make. Here's why:
- Shows the court you're serious about addressing the issue
- Gives your attorney negotiating power when discussing supervision or plea deals
- Allows you to start treatment immediately, so you're ahead of deadlines
- Reduces stress — one major requirement checked off early
Many first-time offenders wait until their attorney tells them to get evaluated, which is often right before a critical court date. By then, they're scrambling to find an available appointment and complete treatment in time. Don't put yourself in that position.
Get Your Evaluation Done Today
If you've been arrested for a first DUI in Illinois, you're facing a difficult process — but it's manageable if you act quickly and follow the steps.
At DUI Evaluation & Treatment Services in Springfield, we've helped thousands of first-time DUI offenders navigate the evaluation and treatment process over the past 15 years. We know what courts expect, we provide same-day documentation, and we're trusted by Sangamon County's top DUI defense attorneys.
Call us today at (217) 891-6063 to schedule your evaluation. The sooner you get started, the sooner you can move past this and get your life back on track.