Illinois DUI, Criminal Defense & Personal Injury FAQ

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.

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.

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.

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.

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.

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.

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.

A misdemeanor carries a possible sentence of less than one year, served in county jail, and is classified as Class A, B or C. A felony carries a possible sentence of one year or more in the Illinois Department of Corrections and ranges from Class 4 (least serious) up to Class X and first-degree murder. Both can affect employment, housing, professional licenses and immigration status.

No. Since September 18, 2023, Illinois no longer uses cash bail. Under the Pretrial Fairness Act, people are released before trial unless the prosecutor files a petition and a judge finds they must be detained. Release usually comes with conditions, such as appearing in court, having no contact with certain people, or avoiding certain places. Violating those conditions can lead to detention, so follow them carefully.

Politely decline until you have a lawyer. You have the right to remain silent and the right to an attorney. Say clearly, "I want to speak with a lawyer," and then stop answering questions. Statements made to "clear things up" are among the most common evidence used against people. This also applies to phone calls from jail, which are recorded.

Your first appearance is usually an arraignment or initial appearance. The charges are formally read, you enter a plea of not guilty, and the court sets the next date. Your attorney can file an appearance, request the police reports and video (discovery), and sometimes handle the date without you, depending on the charge and the courtroom. Never miss a court date. A missed date can lead to a warrant.

Often. Charges can be dismissed when the evidence is weak or was obtained unlawfully, and they are frequently reduced through negotiation. Some cases qualify for supervision, deferred prosecution, or diversion programs that avoid a conviction. Michelle spent six years as a DuPage County prosecutor, so she knows how prosecutors evaluate cases and what moves them.

Many Illinois records can be expunged (destroyed) or sealed (hidden from most background checks). Arrests that did not lead to a conviction, supervision, and many misdemeanor and felony convictions may qualify after a waiting period. DUI and certain violent and sex offenses are excluded. Michelle can review your record and tell you what is possible.

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.

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.

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.

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.

It is a charge brought under a village or city's own code instead of an Illinois state statute. Many suburban police departments now write offenses such as retail theft, possession of cannabis or paraphernalia, disorderly conduct, underage drinking, and even some DUI and traffic offenses as local ordinance violations. The case is prosecuted by a lawyer hired by the municipality, not the State's Attorney.

Often because of the money. When a case is charged under a local ordinance, the fines go to the municipality rather than being split with the county and state. Ordinance charges can also move faster and are sometimes used for offenses the department considers minor. Whatever the reason, the charge is still serious, and it deserves a real defense.

Usually it is not a criminal conviction in the same way a state charge is. Ordinance cases are generally treated as quasi-criminal. But the arrest can still show up on background checks, the fines can be substantial, and some ordinance outcomes, such as traffic and DUI-related ordinance convictions, are reported to the Secretary of State. Do not assume it is "just a ticket."

Sometimes you can, but paying is usually a plea of guilty or liable. Before you pay, find out whether the outcome will appear on background checks, affect your driving record, or count against you if anything happens later. An attorney who knows how municipal prosecutors handle these cases can often negotiate a dismissal, reduced fine, or supervision.

Michelle currently serves as a municipal prosecutor for several DuPage County villages, including Carol Stream, Lisle, Lombard, Villa Park and Clarendon Hills. She has handled DUI, traffic, ordinance, zoning and code enforcement cases from the government's side, so she knows how ordinance cases are built, what local prosecutors are looking for, and where the weaknesses usually are. (She does not defend cases arising from investigations by the departments she prosecutes for.)

In most cases, two years from the date of the injury. The deadline can be much shorter when a city, village, county or other local government is responsible, where it is generally one year. Waiting can also mean lost evidence and witnesses, so talk to an attorney early.

Get medical attention, even if you feel fine. Call the police so there is a report, take photos of the vehicles, the scene and your injuries, and get the names and contact information of witnesses. Notify your own insurer, but be careful about giving a recorded statement to the other driver's insurance company before you get legal advice.

You can still recover in Illinois as long as you were not more than 50% at fault. Your compensation is reduced by your percentage of fault. For example, if you were 20% at fault, your recovery is reduced by 20%. Insurance companies often overstate an injured person's share of the blame, so do not accept their version without review.

It depends on your medical bills, lost wages, the seriousness and permanence of your injuries, pain and suffering, and the available insurance coverage. Anyone who quotes a number before reviewing your records is guessing. Michelle will review your situation during a free consultation and explain what affects the value of your claim.

Usually not before you understand the full extent of your injuries. Once you accept a settlement and sign a release, you generally cannot ask for more, even if your injuries turn out to be worse than expected. Have an attorney review any offer first.

Yes. Michelle offers a free initial consultation by phone. Call 630.858.9800 or submit your case online, and she will review it and get back to you.

Michelle's office is in Glen Ellyn, and she primarily serves DuPage, Will, Kane and Cook Counties, including communities such as Wheaton, Naperville, Downers Grove, Elmhurst, Lombard and Oak Brook. She handles cases in courts throughout Illinois. See all service areas.

Bring every piece of paper you received: tickets, the Notice of Summary Suspension, release or bond papers, court notices, police reports, insurance letters, and medical records for injury cases. Also bring a written timeline of what happened and a list of witnesses.

Yes. Communications with a lawyer for the purpose of getting legal advice are confidential, including during an initial consultation. Do not discuss your case with anyone else, including on social media.