DUI & Traffic Tickets

DUI & Traffic Ticket Lawyer in DuPage County

Woke up after a DUI arrest with a stack of paperwork and a lot of questions? You are not alone, and you have more options than you think. Michelle Moore prosecuted DUI and summary suspension cases for DuPage County and currently serves as a municipal DUI prosecutor. Now she uses that experience to protect drivers.

31+years practicing law
FormerDuPage County Assistant State's Attorney
1,000+cases prosecuted & defended
Municipalprosecutor for local villages

Arrested for DUI? The clock is already running

An Illinois DUI arrest starts two separate cases: the criminal DUI charge and an administrative summary suspension of your license. The suspension has its own deadlines.

  1. Day 1

    Arrest and Notice of Summary Suspension

    You receive the DUI ticket and usually a notice that your license will be suspended. Your ticket typically works as a temporary license.

  2. Within 90 days

    Deadline to challenge the suspension

    A petition to rescind the summary suspension must be filed within 90 days of the notice. The hearing is also a chance to question the arresting officer under oath.

  3. Day 46

    Suspension takes effect

    Unless it is rescinded, the suspension starts on the 46th day: generally 6 months for a failed test or 12 months for a refusal for first offenders. Many first offenders can drive with a Monitoring Device Driving Permit.

  4. Court date

    Criminal DUI case

    The DUI charge proceeds separately. Outcomes range from dismissal or a not-guilty verdict to supervision or a negotiated plea.

The earlier Michelle gets involved, the more she can do, especially with the 90-day deadline. Send her your case details or call 630.858.9800.

How DUI cases are defended

A DUI case is built on a series of steps the officer must get right. Michelle examines each one:

  • The stop: Did the officer have a lawful reason to pull you over?
  • Field sobriety tests: Were they given and scored according to standardized procedures, on suitable ground, with fair instructions?
  • Breath testing: Was the machine certified and maintained, the 20-minute observation period followed, and the operator properly licensed?
  • Blood testing: Was the sample collected, stored and analyzed correctly, by properly trained analysts?
  • Warnings and paperwork: Were you properly warned of the consequences of testing or refusal?
  • Video: Does squad and body-camera footage match what the report says?

Where the evidence is strong, Michelle focuses on mitigation, presenting your record, your circumstances and any treatment to negotiate the least damaging result, such as supervision instead of a conviction.

DUI charges Michelle handles

First-offense DUI

Class A misdemeanor. Often the best chance to avoid a conviction through supervision.

Second and repeat DUI

Mandatory minimums and longer revocations apply, so experienced defense matters.

Aggravated (felony) DUI

DUI with injury, a third offense, driving on a revoked license, or without insurance.

Cannabis and drug DUI

Impairment by cannabis, prescription medication, or other drugs.

Underage and CDL DUI

Zero-tolerance cases and commercial drivers, who face stricter rules.

Traffic ticket defense

Paying a ticket is a guilty plea. Convictions add up, and three moving violations in 12 months can cost you your license. Michelle can often negotiate supervision, which keeps the violation off your record as a conviction.

Speeding

Including 26+ and 35+ mph over the limit, which are criminal misdemeanors in Illinois.

Driving while suspended or revoked

A criminal offense that can lead to longer loss of license or jail.

No insurance and accidents

Uninsured driving, crashes, and leaving the scene of an accident.

Moving violations

Disobeying signals, improper lane usage, failure to yield, and more.

CDL tickets

Commercial drivers cannot receive supervision for most violations, so every ticket matters.

Local ordinance tickets

Traffic offenses written under a village code. See municipal ordinance defense.

DUI and traffic ticket questions

I was arrested for DUI last night. What should I do first?

Start with three things today:

  1. Gather your paperwork. Keep the tickets, the Notice of Summary Suspension, and any release or bond papers. They list your court date and the deadlines that matter.
  2. Write down everything you remember while it is fresh: where you were, what you ate and drank and when, why you were stopped, which tests you were asked to do, and what the officer said.
  3. Talk to a DUI attorney before your first court date and before the summary suspension deadline. Do not discuss the case with anyone else or post about it online.

Michelle offers a free consultation and can usually tell you where you stand in one call: 630.858.9800.

Will I lose my driver's license after a DUI arrest in Illinois?

Possibly, and it can happen before your case is decided. Illinois uses a statutory summary suspension, an administrative suspension that is separate from the criminal DUI case. It begins on the 46th day after you receive the notice. For a first offender it is generally 6 months if a test showed a BAC of 0.08 or more, or 12 months if you refused testing. Repeat offenders face longer suspensions. The ticket usually serves as your license until the suspension starts.

Can I fight the statutory summary suspension?

Yes. Your attorney can file a petition to rescind the suspension. It must be filed within 90 days of when the notice was served. At that hearing, the court looks at issues such as whether the officer had grounds to stop and arrest you and whether the testing was done properly. Winning it can keep your license, and the hearing also gives your attorney sworn testimony from the officer to use in the criminal case.

Can I still drive to work during a summary suspension?

Often, yes. Most first offenders are eligible for a Monitoring Device Driving Permit (MDDP), which lets you drive any vehicle equipped with a breath-alcohol ignition interlock device (BAIID) during the suspension. Drivers who are not first offenders may be able to seek a restricted permit. Eligibility rules are strict, so ask about this at your consultation.

What are the penalties for a first DUI in Illinois?

A first DUI with no aggravating factors is a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500, though jail is uncommon for a typical first offense. A conviction also brings a minimum one-year license revocation. In many first-offense cases, a negotiated outcome such as court supervision avoids a conviction, which is why the details of your arrest matter.

Should I have refused the breath test?

It is done now, so the useful question is what happens next. A refusal brings a longer summary suspension (12 months for a first offender instead of 6), but it also means the prosecutor has no test number to rely on. A refusal can still be challenged, for example if the officer did not properly warn you of the consequences. Michelle will look at how the refusal was recorded and whether the stop was lawful.

Can a DUI be removed from my record in Illinois?

Generally no. Under Illinois law, a DUI, including a DUI that ended in court supervision, cannot be expunged or sealed. That is why the best time to protect your record is before the case is resolved. Many other offenses can be expunged or sealed, and Michelle can tell you whether you qualify.

Do I need a lawyer for a traffic ticket in Illinois?

For a simple ticket, not always, but often it is worth it. You should strongly consider a lawyer if the ticket says "must appear," involves speeding 26 mph or more over the limit, driving while suspended or revoked, no insurance, or an accident with injury, or if you hold a CDL. An attorney can often negotiate court supervision, which keeps the violation from becoming a conviction on your driving record.

How many tickets before my license is suspended in Illinois?

The Illinois Secretary of State may suspend your license if you are convicted of three moving violations within 12 months. Drivers under 21 can be suspended after two convictions within 24 months. Supervision is generally not a conviction for this purpose, which is one of the main reasons to fight a ticket instead of just paying it.

What is court supervision for a traffic ticket?

Court supervision is a sentence where you complete conditions, such as paying fines, avoiding new tickets for a set period, or completing traffic school. When you finish, the case is dismissed without a conviction. It is not reported to insurance as a conviction and does not count toward a license suspension. Eligibility limits apply, so it is worth asking before you plead.

What does "must appear" on my ticket mean?

It means you cannot just pay the ticket. You, or in many cases your attorney, must appear in court on the date listed. Must-appear tickets are usually more serious offenses, such as high-speed speeding, driving while suspended, or a crash with injury. Missing the date can result in a warrant or a suspended license.

Tell Michelle about your DUI or ticket

Choose DUI or Traffic ticket below, fill in what you know from your paperwork, and Michelle will review it. Have your ticket handy, since the citation number and court date are printed on it.

1. What kind of case is this?
2. Your contact information
3. About the arrest or charge

List every charge on your paperwork if you can.

DUI details
3. About the traffic ticket
4. What happened?

Conflict note: Because Michelle serves as a municipal prosecutor, she cannot take cases investigated by the Carol Stream, Lisle, Lombard, Villa Park or Clarendon Hills police departments. Naming the department above lets her check right away.

Your information is sent securely and reviewed by Michelle personally.

Arrested for DUI? Call before the deadline passes.

Your first consultation is free. The sooner you call, the more options you usually have, especially when there is a court date or license deadline coming up.

Call Free Case Review