A DUI lawyer in Benton, IL is an attorney who defends people charged with driving under the influence of alcohol, drugs, or a combination of substances. If you or someone you care about has been arrested for DUI in Benton, IL, immediate action is critical. DUI charges in Illinois are serious — the penalties can affect your freedom, your driving privileges, and your future for years to come.
The right DUI attorney can step in to protect your rights, push to keep you out of jail, and fight for your ability to drive.
Combs Waterkotte’s Benton, IL criminal defense lawyers are prepared to act quickly and start fighting for you right away. Contact us at (314) 900-HELP or fill out our online contact form for a free, confidential case review.
What You’ll Learn on This Page
- What DUI charges mean in Illinois including situations where DUI charges apply even with a BAC lower than 0.08%.
- The penalties for first-time, repeat, and aggravated DUI charges. These consequences vary based on your driving history and case details.
- What happens to your driver’s license after a DUI arrest and what you can do to challenge a statutory summary suspension.
- The long-term consequences of a DUI conviction in Illinois. A DUI stays on your record permanently and can limit your options going forward.
- Common DUI defense strategies, including defenses focused on traffic stops, breathalyzer accuracy, and police observations.
- How a DUI lawyer in Benton, IL can help you through the entire process — from protecting your license to defending you in court.
- What steps you should take immediately to protect yourself if you’ve been charged with DUI.
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What is a DUI in Illinois?
In Illinois, a DUI (Driving Under the Influence) means operating a motor vehicle while your ability to drive is impaired by alcohol, drugs, or any intoxicating substance. Even if you don’t feel impaired, you can still face DUI charges if your BAC is 0.08% or higher.
Driving under the influence of illegal drugs or prescription medications is also covered under Illinois DUI laws.
You don’t have to hit the 0.08% BAC limit to face DUI charges in Illinois. Any noticeable impairment from alcohol, drugs, or their combination can still lead to DUI charges in Illinois.
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 Benton, 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 Benton, 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:
- Driving under the influence with a child under the age of 16 in the vehicle.
- Driving under the influence and causing a crash that leads to major injuries or fatalities.
- Having three or more prior DUI convictions.
- Driving on a suspended or revoked license at the time of the DUI arrest.
The penalties for aggravated DUI are far more severe and can include prison sentences and extended loss of your driver’s license.
Repeat DUI Offenses
A second or third DUI conviction comes with increased penalties. Additional jail time, longer license revocations, and stricter probation or supervision terms can apply.
DUI with a Minor Passenger
Driving under the influence with a minor passenger can lead to enhanced penalties, including mandatory community service, additional fines, and potential felony charges.
DUI Causing Injury or Death
If a DUI accident results in serious bodily injury, permanent disability, or death, you could face aggravated DUI charges and lengthy prison sentences.
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
In Illinois, you can face DUI charges for driving while impaired by illegal drugs, prescription medications, or even over-the-counter substances that affect your ability to drive safely.
CDL DUI
Illinois holds Commercial Driver’s License (CDL) holders to stricter DUI standards and tougher penalties. The first CDL DUI offense can result in a one-year CDL disqualification, regardless of whether you were driving a commercial or 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 Benton, IL
The penalties for DUI in Illinois vary based on whether it’s your first, second, or an aggravated offense. 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 Benton, IL
If you are arrested for DUI in Illinois, your driver’s license can be automatically Statutorily Summarily Suspended — even without a conviction. The suspension happens automatically if you fail or refuse a chemical test, such as a breathalyzer or blood draw.
Statutory Summary Suspension
- Failed Test (BAC 0.08% or higher): Automatic 6-month license suspension.
- Refused Test: Results in a mandatory 12-month license suspension.
- Commercial Drivers: CDL holders can face immediate disqualification, even if the DUI occurred in a personal car.
You can challenge the summary suspension by filing a Petition to Rescind. The petition has to be submitted within 90 days of either the suspension notice or your initial court date, whichever is earlier.
The court must schedule a hearing within 30 days of filing the petition or within 30 days of the first court appearance, whichever is later. If the hearing is not held in time, the suspension can be automatically dismissed.
License Reinstatement
When your license is suspended following a DUI arrest, a DUI attorney can assist you with several key steps:
- File the paperwork to contest the suspension.
- Represent you at license reinstatement hearings to save your license.
- Help you obtain a Monitoring Device Driving Permit (MDDP) that lets you drive with a BAIID device installed (if required).
- Guide you through the formal reinstatement process after your suspension period ends (if necessary).
The sooner you act, the better your chances of minimizing the time you are without your driving privileges.
DUI Defense Strategies in Illinois
A DUI charge in Illinois does not guarantee a conviction. A DUI defense attorney can review the evidence and create a strategy to defend your rights and protect your future. Some of the most effective DUI defense strategies include:
Challenging the Traffic Stop
A police officer needs a lawful reason to pull you over. 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 can be unreliable. Many factors, including medical conditions, nerves, uneven pavement, and weather conditions, can impact test performance. A DUI defense attorney may challenge whether these tests reliably show that you were impaired.
Challenging Chemical Test Results
Chemical tests like breathalyzers and blood draws must be performed correctly, regularly maintained, and handled by qualified personnel. Errors in the way tests are given, machines are maintained, or samples are collected can make BAC results unreliable.
Challenging Observations of Impairment
Police reports often rely on subjective observations such as slurred speech, bloodshot eyes, or the smell of alcohol. Your attorney can present alternative explanations for these signs that are not related to impairment.
Asserting Constitutional Violations
When your rights are violated — such as through an illegal search, a failure to issue Miranda warnings, or an unlawful arrest — your attorney can ask the court to exclude that evidence through a motion to suppress.
Negotiating for Reduced Charges
Your DUI lawyer can also work to reduce the charges to something less serious like reckless driving or to negotiate sentencing that limits lasting consequences.
How a DUI Lawyer in Benton, IL Can Help You
If you’re facing DUI charges in Benton, IL, working with an experienced DUI lawyer can make a huge difference in how your case is resolved. Here’s how we can help you from day one:
- Protect Your Rights Immediately: We step in right away to make sure your rights are protected during every interaction with law enforcement and throughout the court process.
- 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 work to save your license by challenging suspensions and assisting with permits like the Monitoring Device Driving Permit or full reinstatement options.
- Negotiate With Prosecutors: Our team works to reduce charges, minimize penalties, and negotiate plea agreements when it’s in your best interest.
- Represent You at Trial: If a trial is necessary, we will vigorously defend you and aim to secure a not guilty verdict.
- 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 Benton, IL
The steps you take immediately after your DUI arrest in Benton, IL can significantly affect your case and your ability to keep your driver’s license.
Do Not Plead Guilty Right Away
Many people assume they have no choice but to plead guilty after a DUI arrest. This is a mistake. The state must prove its case beyond a reasonable doubt as with any criminal case. Always speak to a DUI defense attorney before making any decisions.
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 most effective way to block the state from collecting this evidence is to refuse all tests unless the police obtain a warrant. While police may tell you your license will automatically be suspended for one year, our Benton, 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. Delays can reduce your chances of a successful defense.
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?
If you are arrested for DUI in Illinois, you face both a criminal charge and an automatic Statutory Summary Suspension of your driver’s 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. It’s also possible to contest the summary suspension, but the court imposes strict filing deadlines you must follow.
Can a DUI be dismissed in Illinois?
Yes, DUI charges can be dismissed if your defense attorney successfully challenges the traffic stop, the chemical testing procedures, or any constitutional violations that may have occurred. 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?
Restoring your driver’s license depends on whether you are dealing with a suspension or a full revocation. When your license is suspended, you could be eligible for a Monitoring Device Driving Permit or full reinstatement once the suspension period is over. For revocations, you must go through a formal reinstatement process that includes an alcohol and drug evaluation and, in some cases, a Secretary of State hearing.
Why Choose Combs Waterkotte for DUI Defense in Benton, IL
If you’re dealing with DUI charges in Benton, IL, you need more than a lawyer — you need a team that knows how to fight for you, defend your license, and get results. Here’s why drivers throughout Benton, IL trust Combs Waterkotte to defend them in DUI cases.
Extensive DUI Defense Experience
Our attorneys bring over 50 years of combined experience and more than 10,000 cases to the table, including successful DUI defenses throughout Benton, 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 respond to your questions, give you updates, and support you at every stage of your case. Because we don’t charge hourly, you can contact us anytime without worrying about additional costs.
Trial-Ready Defense
When your case goes to trial, we are ready to aggressively defend you in court. 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 Benton, IL and throughout Southern Illinois. We understand how DUI cases are handled locally and how to customize our defense for each county’s court process.
Flexible Payment Options
A DUI arrest can bring financial stress that you may not have been prepared for. That’s why we provide flexible payment solutions to make trusted DUI defense affordable and available at the right time.
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Contact a DUI Lawyer in Benton, IL Today
If you or someone close to you is dealing with DUI charges in Benton, IL, time is critical. 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 Benton, IL who can step in immediately and start fighting for you.
We’re ready to defend you at every step — from the moment you are arrested through the license process and trial. Contact us online or call (314) 900-HELP today to start building your defense. We represent people facing DUI charges in Benton, IL and throughout Southern Illinois.
