A DUI lawyer in Chester, IL represents people accused of driving under the influence of alcohol, drugs, or a combination of both. If you or your loved one have been arrested for DUI in Chester, IL, you need to act quickly. DUI charges in Illinois are serious — the penalties can affect your freedom, your driving privileges, and your future for years to come.
Hiring the right DUI lawyer can protect your rights, help you avoid jail, and fight to keep your license.
Combs Waterkotte’s Chester, 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 what you can do to challenge a statutory summary suspension.
- 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 Chester, 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.
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What is a DUI in Illinois?
A DUI in Illinois means driving a vehicle while impaired by alcohol, drugs, or any substance that affects your ability to drive safely. You can also be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher, even if you don’t feel impaired.
Illinois DUI laws also apply to drugged driving, which can include both illegal drugs and prescription medications that affect your ability to drive safely.
It’s important to know that you don’t have to reach the 0.08% BAC threshold to be arrested for DUI. 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 details the legal definition, prosecution process, and penalties for DUI in Illinois.
Types of DUI Charges in Chester, IL
In Illinois, DUI charges are based on the details of your arrest, your driving background, and whether any injuries occurred. Here are the most common types of DUI charges drivers face in Chester, IL:
First-Time DUI (Class A Misdemeanor)
A first DUI offense in Illinois is usually charged as a Class A misdemeanor. It can result in up to one year in jail, fines up to $2,500, a minimum one-year driver’s license revocation, and mandatory alcohol education or treatment.
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.
- Being involved in a DUI accident that results in severe injury or death.
- Having three or more prior DUI convictions.
- Operating a vehicle on a suspended or revoked license when arrested for DUI.
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. 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
Causing severe injury, lasting disability, or death while driving under the influence may result in aggravated DUI charges and long-term incarceration.
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. A first CDL DUI can lead to a one-year CDL disqualification, even if you were driving your personal vehicle. A second DUI results in lifetime disqualification. When operating commercial vehicles, CDL drivers must comply with a lower BAC limit of 0.04%.
DUI Penalties in Chester, IL
Illinois DUI penalties change depending on whether it’s a first-time charge, a repeat offense, or a felony-level DUI. The consequences can include jail time, fines, license suspension or revocation, and long-term impact on your driving record and insurance.
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
In Illinois, a DUI conviction stays on your driving record for life and cannot be sealed or expunged.
A DUI can result in higher insurance rates, lost job opportunities, and extended restrictions on your driving privileges.
Summary Suspension and License Reinstatement After a DUI in Chester, IL
In Illinois, if you are arrested for DUI, your driver’s license is subject to an automatic Statutory Summary Suspension — even before you are convicted. 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): Leads to a mandatory 6-month license suspension.
- Refused Test: Leads to an automatic suspension of your license for 12 months.
- Commercial Drivers: Immediate CDL disqualification can apply even if driving a personal vehicle.
You have the right to 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.
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:
- Prepare and submit the necessary documents to fight the 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).
- Guide you through the formal reinstatement process after your suspension period ends (if necessary).
Taking fast action can significantly reduce the time you spend without a valid driver’s license.
DUI Defense Strategies in Illinois
Being charged with DUI in Illinois does not mean you will automatically be convicted. A DUI defense attorney can review the evidence and create a strategy to defend your rights and protect your future. Common DUI defense strategies include:
Challenging the Traffic Stop
A police officer needs a lawful reason to pull you over. If the stop was not supported by reasonable suspicion — such as observing erratic driving, traffic violations, or signs of impairment — any evidence collected after the stop may be excluded from your case.
Questioning Field Sobriety Tests
Field sobriety tests are not always accurate. A person’s medical issues, nervousness, road conditions, and bad weather can all affect test results. Your lawyer can argue that field sobriety test results do not prove actual impairment.
Challenging Chemical Test Results
DUI chemical tests — including breath and blood tests — must be accurately administered, properly maintained, and conducted by trained professionals. 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
If the police violated your rights — including conducting an illegal search, failing to read your Miranda rights, or making an unlawful arrest — your lawyer can file a motion to suppress improperly gathered evidence.
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 Chester, IL Can Help You
If you’re facing DUI charges in Chester, IL, working with an experienced DUI lawyer can make a huge difference in how your case is resolved. Here’s what we can do for you right from the start:
- 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 analyze the traffic stop, breath tests, sobriety procedures, and police records to uncover issues that could weaken the case against you.
- Handle All Court Filings and Deadlines: We take care of every filing and deadline, including the critical paperwork for fighting a statutory summary suspension.
- Fight to Save Your Driver’s License: We fight to protect your driving privileges and can help you apply for a Monitoring Device Driving Permit or pursue full reinstatement when the time comes.
- Negotiate With Prosecutors: When possible, we work to lower the charges and penalties through effective negotiations with the prosecution.
- Represent You at Trial: If your case goes to trial, we will aggressively defend you in court and fight for a not guilty verdict.
- Flexible Payment Options: We offer payment flexibility to help make experienced DUI defense accessible when you need it most.
Hiring a DUI lawyer gives you the strongest opportunity to protect your license, your freedom, and your future.
What to Do If You Are Charged with a DUI in Chester, IL
Your actions right after a DUI arrest in Chester, IL are critical and can directly affect your case and your chances of saving your 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 government must prove the charges beyond a reasonable doubt, just like any other 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 testing are tools the state uses to build a stronger case against you. The most effective way to block the state from collecting this evidence is to refuse all tests unless the police obtain a warrant. Police officers may warn you about an automatic one-year license suspension, but our Chester, IL DUI lawyers can still fight that suspension in court.
Contact a DUI Lawyer Immediately
Contacting a DUI lawyer right away gives you the best chance to fight the charges and save your license. Delays can reduce your chances of a successful defense.
Preserve Any Evidence
Save receipts, text messages, or anything that might support your defense, such as proof of where you were, what you consumed, or potential witnesses.
Follow Your Lawyer’s Advice
The legal process for DUI charges moves fast. You need to trust your DUI lawyer’s advice and carefully follow their recommendations throughout your 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. A first-time DUI can result in jail time, fines, license revocation, mandatory alcohol education or treatment, and installation of a Breath Alcohol Ignition Interlock Device (BAIID).
Can you still drive after a DUI in Illinois?
Yes, it’s possible to keep driving after a DUI arrest by securing a Monitoring Device Driving Permit (MDDP) that requires BAIID use. 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, 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. Every case is different, and an experienced DUI lawyer can evaluate whether dismissal is possible based on the facts of your case.
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. For suspensions, you may be eligible for a Monitoring Device Driving Permit or full reinstatement after completing the suspension period. If your license is revoked, you’ll need to complete a formal reinstatement process that requires an alcohol and drug evaluation and may involve a Secretary of State hearing.
Why Choose Combs Waterkotte for DUI Defense in Chester, IL
If you’re dealing with DUI charges in Chester, IL, you need more than a lawyer — you need a team that knows how to fight for you, defend your license, and get results. This is why drivers across Chester, IL choose Combs Waterkotte to protect them in DUI cases.
Extensive DUI Defense Experience
With over 50 years of combined legal experience and more than 10,000 cases handled, our attorneys have successfully defended countless DUI cases across Chester, IL. We understand how DUI cases are handled in local courts and know what it takes to get the best possible result for you.
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 don’t charge by the hour, so you never need to hesitate to contact us.
Trial-Ready Defense
If your case needs to go to trial, we are fully prepared to fight for you in the courtroom. Our team has won “not guilty” verdicts in major criminal cases and will stand by you in court when trial is the best option.
Local Knowledge
We regularly defend DUI cases in Chester, 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.
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Contact a DUI Lawyer in Chester, IL Today
If you or a family member have been charged with DUI in Chester, IL, you need to take action right away. DUI charges can move quickly, and the penalties — including jail, license revocation, and a lifelong criminal record — can stay with you. You need a DUI lawyer in Chester, IL who can get involved right away and start building your defense.
We’re ready to defend you at every step — from the moment you are arrested through the license process and trial. Contact us online today or call (314) 900-HELP to get the help you need. We represent people facing DUI charges in Chester, IL and throughout Southern Illinois.
