A DUI lawyer in Olney, IL helps defend individuals facing charges for driving while impaired by alcohol, drugs, or other substances. If you or your loved one have been arrested for DUI in Olney, 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.
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 Olney, 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 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 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, including how we challenge traffic stops, breath tests, and field sobriety tests.
- How a DUI lawyer in Olney, IL can help you from day one — working to protect your license and build your courtroom defense.
- 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) is defined as operating a motor vehicle while under the influence of alcohol, drugs, or another impairing substance. Illinois law also allows DUI charges if your BAC is 0.08% or more, regardless of whether you show obvious signs of impairment.
Illinois DUI laws also apply to drugged driving, which can include both illegal drugs and prescription medications that affect your ability to drive safely.
You can still be arrested for DUI in Illinois even if your BAC is under 0.08%. 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 sets out how DUI is defined, how it’s prosecuted, and the penalties involved.
Types of DUI Charges in Olney, 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. Here are the DUI charge types most commonly seen in Olney, 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:
- Operating a vehicle while under the influence with a passenger younger than 16 years old.
- Causing serious injury or death while driving under the influence.
- Having a DUI history with three or more prior convictions.
- Operating a vehicle on a suspended or revoked license when arrested for DUI.
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
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
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 conviction leads to lifetime CDL 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 Olney, IL
Illinois DUI penalties change depending on whether it’s a first-time charge, a repeat offense, or a felony-level DUI. 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
A DUI conviction stays on your record permanently in Illinois — it cannot be expunged or sealed.
Long-term consequences may include skyrocketing insurance costs, difficulties finding employment, and lasting license limitations.
Summary Suspension and License Reinstatement After a DUI in Olney, 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 suspension is triggered if you either fail or refuse a chemical test (such as 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: Results in a mandatory 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 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:
- Handle the legal paperwork required to challenge the license 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).
- Help you complete the formal license reinstatement process once your suspension is over (if needed).
Acting quickly gives you the best chance to shorten the time you are unable to drive.
DUI Defense Strategies in Illinois
Getting arrested for DUI in Illinois does not mean you will be found guilty. A skilled DUI defense attorney can examine the facts of your case and build a strategy to challenge the charges and protect 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 can be unreliable. 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
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
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 your rights were violated — such as illegal search and seizure, failure to read Miranda rights, or unlawful arrest — your attorney can file motions to suppress evidence that was improperly obtained.
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 Olney, IL Can Help You
If you’re facing DUI charges in Olney, IL, working with an experienced DUI lawyer can make a huge difference in how your case is resolved. Here’s how we step in to help you immediately:
- Protect Your Rights Immediately: We get involved immediately to ensure your rights are protected at every step, from police questioning to court hearings.
- 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: 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: 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 Olney, IL
The steps you take immediately after your DUI arrest in Olney, 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. You should always consult a DUI lawyer before deciding how to move forward.
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. Police officers may warn you about an automatic one-year license suspension, but our Olney, IL DUI lawyers can still fight 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. Delays can reduce your chances of a successful defense.
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 can proceed quickly and deadlines come fast. 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?
A DUI arrest in Illinois triggers both a criminal case and an automatic Statutory Summary Suspension of your 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, 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. 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, it’s possible to have DUI charges dismissed if your lawyer successfully disputes the traffic stop, testing methods, or any constitutional issues. 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?
The process to get your license back depends on whether it was suspended or 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 Olney, IL
If you’re dealing with DUI charges in Olney, 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 people in Olney, IL count on Combs Waterkotte to handle their DUI defense.
Extensive DUI Defense Experience
Our attorneys bring over 60 years of combined experience and more than 10,000 cases to the table, including successful DUI defenses throughout Olney, 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 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 handle DUI cases in Olney, 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
We know that a DUI charge can create unexpected financial pressure. 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 Olney, IL Today
If you or your loved one are facing DUI charges in Olney, 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 defense attorney in Olney, 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 now or call (314) 900-HELP to get the immediate support you deserve. We serve clients in Olney, IL and across Southern Illinois.
