A DUI lawyer in Litchfield, IL is an attorney who defends people charged with driving under the influence of alcohol, drugs, or a combination of substances. If you or your loved one have been arrested for DUI in Litchfield, IL, you need to act quickly. The penalties for a DUI in Illinois are severe — they can threaten your freedom, your ability to drive, and your long-term future.
Hiring the right DUI lawyer can protect your rights, help you avoid jail, and fight to keep your license.
Combs Waterkotte’s Litchfield, IL criminal defense lawyers are prepared to act quickly and start fighting for you right away. Call us at (314) 900-HELP or contact us online today for a free, private consultation.
What You’ll Learn on This Page
- What DUI charges mean in Illinois and how they can happen even if your BAC is below 0.08%.
- The penalties for first-time, repeat, and aggravated DUI charges. Each type of DUI charge carries its own potential penalties and long-term consequences.
- What happens to your driver’s license after a DUI arrest and how the summary suspension process works.
- The long-term consequences of a DUI conviction in Illinois. These include permanent marks on your driving record and higher insurance rates.
- Common DUI defense strategies, including how we challenge traffic stops, breath tests, and field sobriety tests.
- How a DUI lawyer in Litchfield, IL can help you from day one — working to protect your license and build your courtroom defense.
- What steps you should take immediately if you are charged with DUI in Illinois.
Free book
Don’t “Blow” Your DWI/DUI Case: Key Mistakes to Avoid
Combs Waterkotte, Missouri and Southern Illinois’s leading DWI/DUI law firm, has handled over 10,000 cases successfully. This ebook guides you through the DWI/DUI defense process and helps you avoid key mistakes.
What is a DUI in Illinois?
In Illinois, a DUI (Driving Under the Influence) is defined as operating a motor vehicle while under the influence of alcohol, drugs, or another impairing substance. Illinois law also allows DUI charges if your BAC is 0.08% or more, regardless of whether you show obvious signs of impairment.
Illinois DUI laws also apply to drugged driving, which can include both illegal drugs and prescription medications that affect your ability to drive safely.
You can still be arrested for DUI in Illinois even if your BAC is under 0.08%. If your driving is affected by alcohol, drugs, or a combination of substances, you can still face DUI charges under Illinois law.
Illinois DUI laws are found under 625 ILCS 5/11-501, which sets out how DUI is defined, how it’s prosecuted, and the penalties involved.
Types of DUI Charges in Litchfield, IL
DUI charges in Illinois can vary depending on the circumstances of your arrest, your driving history, and whether anyone was harmed. Below are the most frequent DUI charges that drivers in Litchfield, IL encounter.
First-Time DUI (Class A Misdemeanor)
A first DUI offense in Illinois is usually charged as a Class A misdemeanor. This charge carries potential penalties of up to one year in jail, fines reaching $2,500, at least a one-year license revocation, and mandatory alcohol programs.
Aggravated DUI (Felony)
A DUI can become a felony if certain aggravating factors are present. This can happen under conditions such as:
- Operating a vehicle while under the influence with a passenger younger than 16 years old.
- Driving under the influence and causing a crash that leads to major injuries or fatalities.
- Having three or more prior DUI convictions.
- Being charged with DUI while driving with a suspended or revoked driver’s license.
Aggravated DUI charges carry much harsher penalties, including possible prison time and long-term loss of driving privileges.
Repeat DUI Offenses
A second or third DUI conviction brings harsher consequences. Repeat DUI offenses often result in more jail time, lengthier license suspensions, and stricter court oversight.
DUI with a Minor Passenger
Operating a vehicle under the influence while transporting a minor can result in tougher penalties, required community service, extra fines, and even felony charges.
DUI Causing Injury or Death
A DUI accident that causes serious injury, permanent harm, or death can lead to aggravated DUI charges and significant prison time.
If a DUI accident results in serious bodily injury, permanent disability, or death, you could face aggravated DUI charges and lengthy prison sentences.
Drug DUI
You can be charged with DUI in Illinois for driving under the influence of illegal drugs, prescription medications, or over-the-counter substances if they impair your ability to drive safely.
CDL DUI
Commercial Driver’s License (CDL) holders face harsher DUI penalties in Illinois. A first CDL DUI can lead to a one-year CDL disqualification, even if you were driving your personal vehicle. If you are convicted of a second DUI, you face permanent CDL disqualification. CDL drivers are also held to a stricter BAC limit of 0.04% when operating commercial vehicles.
DUI Penalties in Litchfield, IL
Illinois DUI penalties change depending on whether it’s a first-time charge, a repeat offense, or a felony-level DUI. Potential consequences include jail, heavy fines, losing your license, and lasting damage to your driving record and insurance costs.
Illinois DUI Penalties Overview
| DUI Offense | Potential Penalties |
|---|---|
| First DUI (Class A Misdemeanor) | – Up to 1 year in jail – Fines up to $2,500 – Minimum 1-year license revocation – Mandatory alcohol education or treatment – Possible installation of BAIID |
| Second DUI | – Minimum 5 days in jail or 240 hours of community service – Up to 1 year in jail – Minimum 5-year license revocation if within 20 years – Mandatory BAIID installation |
| Aggravated DUI (Felony) | – Prison time starting at 1 year – Longer license revocation periods – Substantially higher fines – Additional penalties if child passengers, injury, or death involved |
| Statutory Summary Suspension | – Automatic license suspension for 6 to 12 months – Can occur even before conviction – Can be challenged in a separate hearing |
| CDL DUI | – CDL disqualification for at least 1 year on first offense – Lifetime disqualification for second offense – BAC limit of 0.04% for commercial drivers |
Long-Term Consequences
Once you are convicted of DUI in Illinois, it stays on your record forever — it cannot be removed or erased.
You may face increased insurance premiums, loss of employment, and long-term driver’s license restrictions.
Summary Suspension and License Reinstatement After a DUI in Litchfield, IL
If you are arrested for DUI in Illinois, your driver’s license can be automatically Statutorily Summarily Suspended — even without a conviction. This suspension is triggered if you either fail or refuse a chemical test (such as a breath or blood test).
Statutory Summary Suspension
- Failed Test (BAC 0.08% or higher): Leads to a mandatory 6-month license suspension.
- Refused Test: Results in a mandatory 12-month license suspension.
- Commercial Drivers: Your CDL can be disqualified right away, even if the arrest happened while driving your personal vehicle.
You can challenge the summary suspension by filing a Petition to Rescind. You must file this petition within 90 days of receiving the suspension notice or attending your first court date, whichever happens first.
Your hearing must be set within 30 days of the petition being filed or your first court appearance, whichever gives more time. If the hearing does not occur within this time frame, the suspension may be automatically rescinded.
License Reinstatement
If your license is suspended after a DUI arrest, a DUI lawyer can help you:
- Handle the legal paperwork required to challenge the license suspension.
- Fight for your license at reinstatement hearings.
- Help you obtain a Monitoring Device Driving Permit (MDDP) that lets you drive with a BAIID device installed (if required).
- Walk you through the full reinstatement steps after your suspension period expires (if required).
Acting quickly gives you the best chance to shorten the time you are unable to drive.
DUI Defense Strategies in Illinois
Getting arrested for DUI in Illinois does not mean you will be found guilty. A skilled DUI defense attorney can examine the facts of your case and build a strategy to challenge the charges and protect your future. Common DUI defense strategies include:
Challenging the Traffic Stop
Law enforcement must have a legally valid basis to stop your vehicle. If the stop was made without reasonable suspicion, such as traffic errors or signs of impairment, the evidence collected may not be admissible.
Questioning Field Sobriety Tests
Field sobriety tests may produce unreliable results. Things like health problems, anxiety, road surface, and weather can make these tests inaccurate. Your lawyer can argue that field sobriety test results do not prove actual impairment.
Challenging Chemical Test Results
Chemical tests like breathalyzers and blood draws must be performed correctly, regularly maintained, and handled by qualified personnel. Any mistakes in test administration, machine maintenance, or timing can lead to unreliable BAC results.
Challenging Observations of Impairment
Officers frequently base DUI charges on subjective signs like slurred speech, red eyes, or alcohol odor. Your attorney can present alternative explanations for these signs that are not related to impairment.
Asserting Constitutional Violations
If your rights were violated — such as illegal search and seizure, failure to read Miranda rights, or unlawful arrest — your attorney can file motions to suppress evidence that was improperly obtained.
Negotiating for Reduced Charges
When appropriate, your attorney may work to have the charges reduced to a lesser offense like reckless driving or to negotiate sentencing options that minimize the long-term impact on your life.
How a DUI Lawyer in Litchfield, IL Can Help You
If you’ve been charged with DUI in Litchfield, IL, having an experienced DUI lawyer on your side can make a major difference in the outcome of your case. Here’s how we can help you from day one:
- Protect Your Rights Immediately: We act quickly to safeguard your rights during police interactions, investigations, and court proceedings.
- Challenge the Evidence: We review every detail of your traffic stop, field sobriety tests, chemical testing procedures, and police reports to find weaknesses in the prosecution’s case.
- Handle All Court Filings and Deadlines: DUI cases involve strict filing deadlines, especially when it comes to contesting a statutory summary suspension. We handle all the paperwork and make sure nothing gets missed.
- Fight to Save Your Driver’s License: We help you challenge license suspensions and guide you through the process of pursuing a Monitoring Device Driving Permit or full reinstatement.
- Negotiate With Prosecutors: We negotiate with prosecutors to seek charge reductions, lighter penalties, or favorable plea deals when it benefits you.
- Represent You at Trial: When your case proceeds to trial, we’re fully prepared to fight hard in court for the best possible outcome.
- Flexible Payment Options: We offer payment flexibility to help make experienced DUI defense accessible when you need it most.
Partnering with an experienced DUI attorney is your best chance to defend your driving privileges, your freedom, and your future.
What to Do If You Are Charged with a DUI in Litchfield, IL
The steps you take immediately after your DUI arrest in Litchfield, IL can significantly affect your case and your ability to keep your driver’s license.
Do Not Plead Guilty Right Away
It’s common for people to think they must plead guilty after getting arrested for DUI, but this is not true. The state must prove its case beyond a reasonable doubt as with any criminal case. It’s essential to talk to a DUI attorney before making any decisions about your case.
Do Not Consent to Chemical Tests Until Police Get a Warrant
Field sobriety and chemical tests are designed to give the state more evidence. The best way to keep that evidence out of the state’s hands is to refuse all tests unless and until a judge issues a warrant. While police may tell you your license will automatically be suspended for one year, our Litchfield, IL DUI defense attorneys can still challenge that suspension in court.
Contact a DUI Lawyer Immediately
The sooner you get a DUI lawyer involved, the more opportunities you will have to fight the charges and protect your driving privileges. Waiting can limit your options.
Preserve Any Evidence
Gather and preserve receipts, messages, or any documents that might support your version of events, such as where you were, what you had, or who can confirm your story.
Follow Your Lawyer’s Advice
DUI cases move quickly. It’s essential to trust your attorney’s guidance and follow their strategy at every stage of the case.
Frequently Asked Questions About DUI in Illinois
What happens if you get a DUI in Illinois?
A DUI arrest in Illinois triggers both a criminal case and an automatic Statutory Summary Suspension of your license. The consequences of a first DUI may include jail, fines, losing your license, mandatory alcohol treatment, and BAIID installation.
Can you still drive after a DUI in Illinois?
Yes, you may still be able to drive after a DUI arrest by getting a Monitoring Device Driving Permit (MDDP), which lets you drive with a BAIID installed. You can also challenge the summary suspension in court, but there are strict deadlines to do so.
Can a DUI be dismissed in Illinois?
Yes, it’s possible to have DUI charges dismissed if your lawyer successfully disputes the traffic stop, testing methods, or any constitutional issues. An experienced DUI defense lawyer will carefully assess your case to determine if dismissal is achievable based on your specific circumstances.
How do I get my license back after a DUI in Illinois?
Getting your license back depends on whether you were suspended or fully revoked. When your license is suspended, you could be eligible for a Monitoring Device Driving Permit or full reinstatement once the suspension period is over. Revoked licenses require a formal reinstatement process, including an alcohol and drug evaluation and possibly a Secretary of State hearing.
Why Choose Combs Waterkotte for DUI Defense in Litchfield, IL
When you’re facing DUI charges in Litchfield, IL, you need more than just a lawyer — you need a defense team that knows how to fight, how to protect your license, and how to get results. This is why drivers across Litchfield, IL choose Combs Waterkotte to protect them in DUI cases.
Extensive DUI Defense Experience
With over 60 years of combined legal experience and more than 10,000 cases handled, our attorneys have successfully defended countless DUI cases across Litchfield, IL. Our team knows the local DUI process and how to position your case to achieve the best possible outcome.
Available When You Need Us
Our team is available 24/7 to answer your questions, provide case updates, and support you throughout the entire process. We never bill by the hour, which means you can always reach out without worrying about extra fees.
Trial-Ready Defense
If your case needs to go to trial, we are fully prepared to fight for you in the courtroom. We have a proven record of securing “not guilty” outcomes in serious cases and are always prepared to fight for you in trial when necessary.
Local Knowledge
We handle DUI cases in Litchfield, IL and throughout Southern Illinois. We understand how DUI laws are applied in the local courts and how to tailor our defense strategies to each county’s procedures.
Flexible Payment Options
Facing DUI charges often comes with financial strain and unexpected costs. We offer flexible payment plans to make sure you can get the DUI defense you need when you need it.
Free book
How to Choose a Criminal Defense Lawyer
Charged with a crime? The lawyer you hire matters. Combs Waterkotte, recognized for top-tier criminal defense in Missouri and Southern Illinois, created this guide to help you find the right attorney. Learn what to look for, key questions to ask, and red flags to avoid.
Contact a DUI Lawyer in Litchfield, IL Today
If you or a family member have been charged with DUI in Litchfield, IL, you need to take action right away. DUI cases move quickly, and the penalties can follow you for years — including jail time, license suspension, and permanent marks on your driving record. You need a DUI defense attorney in Litchfield, IL who can step in immediately and start fighting for you.
We are here to protect you at every stage — from your initial arrest to license reinstatement to courtroom defense. Contact us online or call (314) 900-HELP today to start building your defense. We proudly serve clients in Litchfield, IL and throughout Southern Illinois.
