A DUI lawyer in O’Fallon, 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 O’Fallon, 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 O’Fallon, IL criminal defense lawyers are ready to step in immediately to fight for you. 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 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 quickly your license can be suspended under Illinois’ summary suspension law.
- 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, such as fighting traffic stops, disputing chemical test results, and questioning field sobriety procedures.
- How a DUI lawyer in O’Fallon, IL can help you from day one — working to protect your license and build your courtroom defense.
- 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?
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. If your ability to drive is impaired by alcohol, drugs, or both, you can be charged with DUI regardless of your BAC.
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 O’Fallon, IL
The type of DUI charge you face in Illinois depends on the specifics of your arrest, your prior record, and whether anyone was injured. Below are the most frequent DUI charges that drivers in O’Fallon, IL encounter.
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.
- Being involved in a DUI accident that results in severe injury or death.
- Facing charges after accumulating three or more previous DUI offenses.
- Driving on a suspended or revoked license at the time of the DUI arrest.
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
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
Illinois law allows DUI charges if you drive under the influence of illegal drugs, prescription drugs, or over-the-counter medications that impair your driving ability.
CDL DUI
If you hold a Commercial Driver’s License (CDL) in Illinois, DUI penalties are more severe. 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. When operating commercial vehicles, CDL drivers must comply with a lower BAC limit of 0.04%.
DUI Penalties in O’Fallon, 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
A DUI conviction stays on your record permanently in Illinois — it cannot be expunged or sealed.
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 O’Fallon, 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. 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): Triggers a 6-month automatic suspension of your driving privileges.
- Refused Test: Leads to an automatic suspension of your license for 12 months.
- Commercial Drivers: Your CDL can be disqualified right away, even if the arrest happened while driving your 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 law requires that a hearing be scheduled within 30 days of filing your petition or after your first court date, 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.
- Appear on your behalf at hearings to help restore your driving privileges.
- 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
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
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 are not always accurate. Things like health problems, anxiety, road surface, and weather can make these tests inaccurate. 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. Any mistakes in test administration, machine maintenance, or timing can lead to unreliable BAC results.
Challenging Observations of Impairment
Law enforcement reports typically list things like slurred speech, bloodshot eyes, and the smell of alcohol as signs of impairment. Your defense attorney can argue that these signs were caused by something unrelated to DUI, like fatigue, allergies, or anxiety.
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 O’Fallon, IL Can Help You
Being charged with DUI in O’Fallon, IL is serious, but a skilled DUI attorney can significantly impact 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 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: 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 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: When your case proceeds to trial, we’re fully prepared to fight hard in court for the best possible outcome.
- Flexible Payment Options: We understand the financial stress and offer payment flexibility to ensure you can get strong DUI representation when it matters 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 O’Fallon, IL
What you do right after a DUI arrest in O’Fallon, IL can seriously impact your case and whether you can keep your 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. You should always consult a DUI lawyer before deciding how to move forward.
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. Even though police may say your license will be suspended for a year if you refuse, our O’Fallon, IL DUI defense attorneys can 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. If you wait, you may miss critical opportunities to defend yourself.
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
DUI cases can proceed quickly and deadlines come fast. 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. 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. 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?
Getting your license back depends on whether you were suspended or fully revoked. 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. 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 O’Fallon, IL
When charged with DUI in O’Fallon, IL, you need more than just legal advice — you need a dedicated defense team that can protect your license and deliver real results. Here’s why people in O’Fallon, IL count on Combs Waterkotte to handle their DUI defense.
Extensive DUI Defense Experience
With 50+ years of combined legal experience and more than 10,000 cases handled, we have defended thousands of DUI cases across O’Fallon, 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 take your calls, provide timely updates, and support you every step of the way. We don’t charge by the hour, so you never need to hesitate to contact us.
Trial-Ready Defense
When your case goes to trial, we are ready to aggressively defend you in court. 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
We regularly defend DUI cases in O’Fallon, 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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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 O’Fallon, IL Today
If you or your loved one are facing DUI charges in O’Fallon, IL, you cannot afford to wait. 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 O’Fallon, IL who can get involved right away and start building your defense.
Our team will fight for you at every phase — from your initial arrest to license reinstatement and court defense. Contact us online now or call (314) 900-HELP to get the immediate support you deserve. We represent people facing DUI charges in O’Fallon, IL and throughout Southern Illinois.
