A DUI lawyer in Glen Carbon, 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 Glen Carbon, IL, immediate action is critical. The penalties for a DUI in Illinois are severe — they can threaten your freedom, your ability to drive, and your long-term future.
The right DUI lawyer can help protect your rights, fight to keep you out of jail, and work to save your driver’s license.
Combs Waterkotte’s Glen Carbon, IL criminal defense lawyers are ready to step in immediately to fight for you. 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. A DUI can follow you for years and create major challenges for your future.
- Common DUI defense strategies, such as fighting traffic stops, disputing chemical test results, and questioning field sobriety procedures.
- How a DUI lawyer in Glen Carbon, 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?
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.
DUI laws in Illinois also apply to drug-related impairment, including illegal substances and prescription medications that make driving unsafe.
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 details the legal definition, prosecution process, and penalties for DUI in Illinois.
Types of DUI Charges in Glen Carbon, 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 Glen Carbon, 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. Common aggravating circumstances include:
- 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.
- Driving on a suspended or revoked license at the time of the DUI arrest.
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
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
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
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. 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 Glen Carbon, IL
DUI penalties in Illinois depend on whether it’s your first offense, a repeat offense, or an aggravated 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 Glen Carbon, IL
Following a DUI arrest in Illinois, your license is automatically subject to a Statutory Summary Suspension before you are found guilty of anything. This process is triggered if you either fail or decline a chemical test, like a breath or blood test.
Statutory Summary Suspension
- Failed Test (BAC 0.08% or higher): Automatic 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.
It’s possible to contest the summary suspension by filing a Petition to Rescind. This must be done within 90 days of the notice of suspension or your first court date, whichever comes first.
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 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:
- File the paperwork to contest the suspension.
- Fight for your license at reinstatement hearings.
- Pursue a Monitoring Device Driving Permit (MDDP), which allows you to drive with a BAIID device installed (if necessary).
- 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
Police officers must have a valid legal reason to stop you. 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. 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. 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
In some cases, your lawyer may be able to get the charges reduced to a lesser offense or work out sentencing agreements that soften the long-term impact on your record and life.
How a DUI Lawyer in Glen Carbon, IL Can Help You
If you’ve been charged with DUI in Glen Carbon, IL, having an experienced DUI lawyer on your side can make a major difference in the outcome of your case. 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 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: When possible, we work to lower the charges and penalties through effective negotiations with the prosecution.
- 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: Our firm provides flexible payment plans to make it easier to access quality DUI defense when you need immediate help.
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 Glen Carbon, IL
The steps you take immediately after your DUI arrest in Glen Carbon, 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. Like every criminal case, the state has to prove guilt beyond a reasonable doubt. 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
These field sobriety and chemical tests help the state collect evidence to support their case. 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. Even though police may say your license will be suspended for a year if you refuse, our Glen Carbon, IL DUI defense attorneys can challenge that suspension in court.
Contact a DUI Lawyer Immediately
Getting a DUI lawyer involved immediately gives you more options to protect your license and challenge the case against you. Waiting can limit your options.
Preserve Any Evidence
Keep any receipts, texts, or other evidence that could help your defense — including proof of your whereabouts, what you drank, or possible witnesses.
Follow Your Lawyer’s Advice
DUI cases move quickly. It’s critical to rely on your lawyer’s strategy and follow their instructions closely during every step.
Frequently Asked Questions About DUI in Illinois
What happens if you get a DUI in Illinois?
Getting arrested for DUI in Illinois means you will face a criminal charge and automatic Statutory Summary Suspension of your driving privileges. 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, 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, 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?
The process to get your license back depends on whether it was suspended or 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. 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 Glen Carbon, IL
If you’re dealing with DUI charges in Glen Carbon, 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 Glen Carbon, 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 Glen Carbon, 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 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. We have secured “not guilty” verdicts in serious criminal cases and are always ready to defend your rights in front of a judge or jury when that’s what you ask us to do.
Local Knowledge
Our team represents DUI clients in Glen Carbon, 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
We know that a DUI charge can create unexpected financial pressure. 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 Glen Carbon, IL Today
If you or your loved one are facing DUI charges in Glen Carbon, IL, you cannot afford to wait. DUI cases move fast, and the consequences — like jail, losing your license, and a permanent record — can affect your life for years. You need a DUI defense attorney in Glen Carbon, IL who can act fast and start protecting your rights.
Our team will fight for you at every phase — from your initial arrest to license reinstatement and court defense. Contact us online today or call (314) 900-HELP to get the help you need. We proudly serve clients in Glen Carbon, IL and throughout Southern Illinois.
