A DUI lawyer in Clinton County, 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 Clinton County, IL, you need to act quickly. DUI charges in Illinois carry serious consequences — they can impact your freedom, your license, and your life for years.
Hiring the right DUI lawyer can protect your rights, help you avoid jail, and fight to keep your license.
Combs Waterkotte’s Clinton County, 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. The specific penalties you could face depend on whether this is your first offense or a more serious DUI charge.
- 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 Clinton County, IL can help you through the entire process — from protecting your license to defending you in court.
- What steps you should take immediately after being arrested for 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.
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. 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 outlines how DUI offenses are defined, prosecuted, and penalized in Illinois.
Types of DUI Charges in Clinton County, IL
In Illinois, DUI charges are based on the details of your arrest, your driving background, and whether any injuries occurred. Here are the DUI charge types most commonly seen in Clinton County, IL courts:
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:
- 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.
- Facing charges after accumulating three or more previous DUI offenses.
- Operating a vehicle on a suspended or revoked license when arrested for DUI.
Aggravated DUI can lead to serious consequences like significant prison time and long-term revocation of driving privileges.
Repeat DUI Offenses
A second or third DUI conviction comes with increased penalties. You may face longer jail sentences, extended license revocations, and tougher probation or supervision requirements.
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
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
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. A second DUI results in lifetime disqualification. The legal BAC limit for CDL drivers in commercial vehicles is just 0.04%, which is half the standard limit for non-commercial drivers.
DUI Penalties in Clinton County, IL
DUI penalties in Illinois depend on whether it’s your first offense, a repeat offense, or an aggravated DUI. DUI convictions can result in jail time, financial penalties, license loss, and long-term effects on your insurance and driving history.
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.
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 Clinton County, IL
Following a DUI arrest in Illinois, your license is automatically subject to a Statutory Summary Suspension before you are found guilty of anything. 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): Triggers a 6-month automatic suspension of your driving privileges.
- Refused Test: Automatic 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 driver’s license is suspended because of a DUI arrest, a DUI lawyer can support you through the following actions:
- File the paperwork to contest the suspension.
- Represent you at license reinstatement hearings to save your license.
- Assist you in getting a Monitoring Device Driving Permit (MDDP), which may allow you to drive with a BAIID (if applicable).
- Walk you through the full reinstatement steps after your suspension period expires (if required).
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. An experienced DUI lawyer can analyze your case and develop a strategy to fight the charges and safeguard your future. Typical DUI defense strategies may involve:
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 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
DUI chemical tests — including breath and blood tests — must be accurately administered, properly maintained, and conducted by trained professionals. Any mistakes in test administration, machine maintenance, or timing can lead to unreliable BAC results.
Challenging Observations of Impairment
Police reports often rely on subjective observations such as slurred speech, bloodshot eyes, or the smell of alcohol. A DUI lawyer may offer other explanations for these observations that don’t involve alcohol or drug use.
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 Clinton County, IL Can Help You
Being charged with DUI in Clinton County, IL is serious, but a skilled DUI attorney can significantly impact the outcome of your case. Here’s how we step in to help you immediately:
- 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: There are tight deadlines in DUI cases, especially for challenging license suspensions. We manage all filings to keep your case on track.
- 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: We negotiate with prosecutors to seek charge reductions, lighter penalties, or favorable plea deals when it benefits you.
- 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.
Working with a DUI lawyer gives you the best chance to protect your license, your freedom, and your future.
What to Do If You Are Charged with a DUI in Clinton County, IL
What you do right after a DUI arrest in Clinton County, IL can seriously impact your case and whether you can keep your license.
Do Not Plead Guilty Right Away
A lot of people mistakenly believe pleading guilty is their only option after a DUI arrest. The government must prove the charges beyond a reasonable doubt, just like any other 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 testing are tools the state uses to build a stronger case against you. 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 Clinton County, IL DUI defense attorneys can still challenge 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?
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. First-time DUI penalties can include jail time, fines, license revocation, required alcohol classes, and a Breath Alcohol Ignition Interlock Device (BAIID).
Can you still drive after a DUI in Illinois?
Yes, in some cases you can continue driving after a DUI arrest by applying for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a BAIID. 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, it’s possible to have DUI charges dismissed if your lawyer successfully disputes the traffic stop, testing methods, or any constitutional issues. Each case is unique, and a skilled DUI attorney can review the details to see if dismissal is a realistic option.
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. If your license is suspended, you might qualify for a Monitoring Device Driving Permit or be able to fully reinstate your license after the suspension ends. 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 Clinton County, IL
When you’re facing DUI charges in Clinton County, 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. Here’s why drivers throughout Clinton County, IL trust Combs Waterkotte to defend 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 Clinton County, IL. We know how local prosecutors, judges, and courts handle these charges, and we know how to position your case for 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
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 regularly defend DUI cases in Clinton County, 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 offer flexible payment options to help make experienced DUI defense accessible when you need it most.
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Contact a DUI Lawyer in Clinton County, IL Today
If you or a family member have been charged with DUI in Clinton County, 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 defense attorney in Clinton County, IL who can act fast and start protecting your rights.
We are here to protect you at every stage — from your initial arrest to license reinstatement to courtroom defense. Contact us online today or call (314) 900-HELP to get the help you need. We represent people facing DUI charges in Clinton County, IL and throughout Southern Illinois.
