What to do after a DUI arrest

1. Send your attorney every document. Include tickets, release conditions, the statutory summary suspension notice, temporary driving documents, tow or impound records and anything received from the Illinois Secretary of State. Keep the envelopes and record when you received each item.
2. Confirm your driving status. A court date, application or payment does not by itself authorize driving. Have your attorney help you identify the effective dates and any other license holds.
3. Calendar every obligation. Record court dates, reporting requirements and notice deadlines. Give our office changes to your address, phone number and email promptly.
4. Preserve evidence. Save receipts, messages, photographs, relevant video and witness contact information. Write a private timeline for your attorney while events are fresh. Do not delete or alter evidence, post about the incident or ask anyone to change their account.
5. Follow your release conditions. Read the actual order. If a condition is unclear or difficult to meet, contact your attorney before assuming it can be ignored or changed.
6. Plan transportation and expenses. Arrange a dependable way to reach work, court and appointments. Ask about likely court costs, evaluation, classes, treatment and device expenses, which vary by case and provider. Your written fee agreement controls the scope of legal representation; ask whether separate Secretary of State proceedings are included.

Your case can involve two separate tracks

The criminal DUI charge

The court case addresses whether the prosecution can prove the charge and what disposition is legally available. Your attorney reviews the stop, investigation, testing, recordings and other evidence, then advises you about defenses, negotiations and trial. Prior history, injuries, passengers, license status and other facts can change the charge and consequences.

The driver's license proceeding

A statutory summary suspension is an administrative loss of driving privileges that can arise from qualifying chemical-test results or a refusal. It is separate from the criminal case. Dismissal of a DUI charge does not automatically cancel a suspension, and a successful suspension challenge does not automatically dismiss the charge. A DUI conviction can also produce a license revocation. Ask your attorney to address both tracks. Illinois law on suspension review

Act on the notice before waiting for court

A statutory summary suspension generally takes effect on the 46th day after notice is given. A request for a judicial hearing to challenge it generally must be filed within 90 days after notice is served. Filing the request does not stop the suspension from taking effect. Bring the notice to your attorney immediately so the correct dates, grounds and service requirements can be evaluated. Suspension and notice statute · Hearing request statute

After the first appearance, a case may include evidence production, motion hearings, negotiation, trial or a negotiated disposition. Court calendars, testing records and contested issues affect timing. A continued court date usually means the case remains pending; it does not erase a separate license deadline or an existing order.

Keep one calendar and one folder for the case. Before leaving any court appearance, confirm the next date, whether you must attend and what must be completed beforehand.

Driving during a suspension or after a revocation

Do not drive unless your current license status and any required permit allow it. A Monitoring Device Driving Permit, or MDDP, may be available to an eligible statutory first offender age 18 or older. Eligibility uses specific legal definitions and does not simply mean this is your first arrest. The Secretary of State administers the permit.

An MDDP generally requires a Breath Alcohol Ignition Interlock Device, or BAIID. A Restricted Driving Permit, or RDP, is a different form of relief and may apply in other suspension or revocation situations. The application process, permitted driving and device requirements depend on your circumstances. Commercial driving and drivers under 18 require particular attention. Secretary of State MDDP information · RDP information

• Follow the permit's effective dates, vehicle restrictions, installation instructions and reporting requirements. Applying or scheduling installation is not permission to drive.
• Use only an approved vendor when a device is required. Do not drive an unequipped vehicle unless a lawful exception has been confirmed for your situation.
• Never have another person provide a breath sample or attempt to bypass the device. Follow the vendor's operating and retest instructions.
• Install the device within the Secretary of State deadline, currently 14 days after MDDP issuance. That window does not authorize driving an unequipped vehicle.
• If there is a failed test, lockout or possible malfunction, document what happened promptly and contact your attorney. Also follow required vendor and Secretary of State reporting and response deadlines.
• Before resuming unrestricted driving, verify the Secretary of State's record and complete any required reinstatement steps. The passage of time alone may not clear every hold.

Arrange the right evaluation and follow through

An alcohol and drug evaluation helps determine risk classification and recommended education or treatment. Ask your attorney which evaluator and process the court requires before paying for an appointment. Counties can have specific referral procedures, and a provider's website does not establish that its work will be accepted in your case.

Bring the records requested by the evaluator and answer honestly, including questions about substance use, prescriptions and prior history. Your classification can affect the required services. Education, treatment, continuing care and a victim impact panel are different activities; completing one does not automatically satisfy another requirement.

Illinois regulations set the following minimum service recommendations. The evaluation, any additional recommendations and the court's order determine what you must complete; this is not a self-classification tool.

Illinois evaluation and service standards

Confirm the exact program, provider, attendance format and deadline with your attorney and the court order. Online classes and out-of-state services may require approval. Keep evaluation reports, attendance records, completion certificates and receipts. If transportation, cost, language access or a scheduling problem may prevent completion, raise it early. Do not change prescribed medication without guidance from your treating clinician.

Prepare a useful case file

Our office can give you a case-specific list. A well-organized file usually includes:

• All charging documents, notices, court orders and Secretary of State correspondence
• A private factual timeline and the location of relevant records, photographs, recordings and witnesses
• Your driving history and information about prior cases, even if you believe they were dismissed or resolved through supervision
• Evaluation and treatment paperwork, certificates and any required meeting or community-service logs
• Accurate work, school and caregiving information relevant to scheduling or driving relief
• Questions about professional licensing, immigration, commercial driving, insurance or interstate license consequences, when applicable

Ask your attorney before gathering character letters or creating a written statement about the incident. Helpful mitigation is truthful, specific and documented. Do not ask anyone to exaggerate, omit important facts or use a script that does not reflect their own knowledge. Taking responsible steps may assist your attorney's presentation, but it does not guarantee a particular result.

If community service is proposed or ordered, confirm the nonprofit or program and any enrollment fee with your attorney before starting. Paying a donation or buying a certificate is not a substitute for performing required hours. Keep a contemporaneous log and obtain a signed verification showing the actual dates, hours and duties. An organization's willingness to issue a letter does not guarantee court acceptance.

Use the private communication method our office gives you for sensitive documents. Do not upload case records to a public website form, a review page or social media.

Prepare for each court appearance

Keep each date unless your attorney confirms that the court has excused you or authorized another form of appearance. Confirm the courthouse, courtroom, time and appearance format with your attorney and the current court notice. Cases from the same county may be assigned to different locations. The resources below include Cook County, Lake County and other northern Illinois courts; their inclusion does not mean your case belongs in that court.

• In person: allow time for travel, parking and security. Bring identification and requested documents, dress respectfully and silence your phone. Follow the courthouse's device rules.
• Remote: confirm that remote attendance is authorized for your hearing. Use the court's current joining instructions, test your connection and choose a quiet, private place. Never attend while driving.
• If something goes wrong: tell your attorney immediately about illness, lateness or a connection failure. Do not assume that missing a reminder or having technical trouble excuses an absence.

Do not record, photograph or screenshot court proceedings without permission. A courtroom livestream may let the public observe proceedings without allowing a party to appear. A reminder service is a backup, not an official change to a court date. Follow the court order and your attorney's instructions if an online listing differs.

After the case is resolved

Before considering the matter finished, review the written disposition with your attorney. Make a checklist of every payment, class, treatment requirement, service hour, reporting obligation and future hearing, with its deadline and required proof. Confirm who must receive each completion document and keep a copy. Contact your attorney early if you cannot comply.

Finishing the criminal case does not by itself reinstate driving privileges. Separately confirm any Secretary of State hearing, permit, insurance filing, reinstatement payment and license-status requirement. Ask what records to keep and when the court or licensing process is actually complete.

Common questions about an Illinois DUI case

Can I drive until my first court date?

Your court date does not determine your driving privileges. Check the suspension notice, your existing license status and any permit. Do not assume that possession of a license card means you are authorized to drive.

Does refusing a test prevent a DUI charge?

No. A charge can proceed based on other evidence, and refusing qualifying chemical testing can trigger its own license consequences. Tell your attorney exactly which tests were requested and what happened.

How long does a first statutory summary suspension last?

For a person who qualifies as a first offender under the applicable law, a qualifying failed chemical test generally results in a six-month suspension; refusal generally results in 12 months. Different rules apply to other circumstances and repeat offenders. Have your attorney confirm how the legal definition applies to your record. Illinois suspension periods

Is court supervision automatic for a first DUI?

No. Eligibility depends on the law and your history, and supervision is not a guaranteed outcome. It also does not itself remove a statutory summary suspension. Successful completion generally avoids a DUI conviction under Illinois law, but DUI supervision and convictions generally cannot be expunged or sealed through the ordinary process. Discuss lasting record and future-case consequences before deciding how to resolve the charge. Illinois supervision law

Should I start classes or pay a fine now?

Ask your attorney first. A program may not satisfy the applicable requirements, and a payment or online plea can affect your case. Use a payment portal only for the correct case and an obligation that has been confirmed.

What if I cannot afford court costs?

Tell your attorney early. Ask whether an assessment waiver, payment plan or other relief is available for the particular charge and county. Vehicle Code assessments have special limits, and Cook County has separate criminal and traffic assessment forms. An assessment waiver does not waive fines or restitution, and it does not waive private-provider charges. Current Illinois court assessment waiver forms

Can cannabis or prescription medication lead to a DUI?

Yes. DUI is not limited to alcohol. Legal cannabis use or a prescription does not make impaired driving lawful. A BAC below .08 does not by itself rule out DUI. Illinois DUI statute

Will I need an SR 22 insurance filing?

An SR-22 filing is required in certain licensing situations, not after every DUI arrest. Follow any Secretary of State notice and ask your attorney and insurer about your circumstances. Secretary of State SR-22 information

What if I live or hold a license outside Illinois?

Tell your attorney where you live and which state issued your license. Illinois action can affect driving privileges here and may have consequences in your licensing state. Confirm both states' requirements before driving or enrolling in an out-of-state program.

Helpful Illinois DUI and court resources

These external resources are provided for convenience. Websites, fees and procedures can change. Use only the services relevant to your case and confirm instructions before acting.

Find your case and clerk

Use official case information to supplement your attorney's instructions. Public records may be incomplete or delayed. Judici is a third-party court-service platform.

• Cook County Clerk of Circuit Court
• Boone County case search through Judici
• DeKalb County Clerk of Circuit Court
• DuPage County Clerk of Circuit Court
• Kane County Clerk of Circuit Court
• Kendall County Clerk of Circuit Court
• McHenry County Clerk of Circuit Court
• Will County Clerk of Circuit Court
• Lake County case portal

Check driving records and interlock requirements

Use Secretary of State information for licensing requirements and approved vendors. Confirm your eligibility and current status before paying or driving.

• Secretary of State reinstatement fees
• Driving record abstracts
• Certified BAIID vendors
• BAIID and permit information

Find appearance instructions

Confirm permission to appear remotely and the correct courtroom. A public viewing stream is not necessarily a way to attend. Zoom is software, not a court.

• Zoom downloads
• Cook County - Skokie Zoom information
• Cook County - Rolling Meadows Zoom information
• Cook County - Maywood Zoom information
• Cook County - Bridgeview Zoom information
• DuPage County remote hearings
• Kane County courtroom directory
• DeKalb County courtroom Zoom links
• Kendall County remote court appearances
• McHenry County remote appearance options
• Boone County remote appearance options
• Lake County appearance rules

Track dates and reminders

Use notifications as a backup. Will County's linked resource is a court schedule, not a verified reminder subscription. DeKalb and Kendall use the third-party Clericus Magnus service.

• DuPage County reminders
• McHenry County reminders
• Kane County reminders
• Will County court schedules
• Cook County reminders
• DeKalb County reminders
• Kendall County reminders

Pay only a confirmed obligation

Ask your attorney before paying a pending citation or selecting a plea option. Some portals can enter a guilty plea. Confirm the case, amount and purpose; keep the receipt.

• Cook County payments
• Boone County payments
• DeKalb County payments
• DuPage County payments
• Kane County payments
• McHenry County payments
• Will County payments
• Lake County payments

Find program and form information

Confirm approved providers and the correct form before enrolling or filing. A provider is not necessarily accepted by your court.

• Illinois Courts approved statewide forms
• Illinois Legal Aid general filing fee waiver guidance; mainly civil filing fees, with criminal assessment relief addressed separately below
• Lake County Specialized DUI Unit
• Cook County Social Service DUI Program
• Current criminal and Cook County assessment waiver forms

Talk with Stavros Law Offices

From our Wheeling office, Stavros Law Offices handles criminal defense and DUI, personal injury, and general civil litigation for clients in Cook, Lake, McHenry, Kane and DuPage Counties. Our attorneys, T. Justin Stavros and Vincent Stavros, are both former Lake County Assistant State's Attorneys.

You do not need to have every answer before calling. Have your arrest date, next court date, county and any suspension notice available so we can discuss the next step. Existing clients should contact our office promptly when a new notice arrives or a problem could prevent compliance with an order.

Meet our attorneys · Request a free consultation · (847) 520-4810
Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090

More from Stavros Law Offices

• DUI defense in Illinois
• Illinois DUI penalties
• Statutory summary suspension
• Restricted driving permits
• DUI license reinstatement
• What to expect at your first court date

This guide provides general information about Illinois DUI cases. It is not legal advice for your circumstances and does not create an attorney-client relationship. Laws, court procedures, provider requirements and websites can change. Follow your attorney's advice and the orders entered in your case. Past results do not predict future outcomes, and no outcome is promised.