Proven Chicago, IL DUI Lawyer
When your reputation and future are on the line, you can’t afford to hire a subpar DUI defense lawyer. At Combs Waterkotte, our legal team provides both confidence and peace of mind.
Our team includes three former prosecutors, investigators, forensic experts, and a former police officer who knows how law enforcement conducts DUI investigations. We respond quickly to your needs and guide you through both your criminal investigation and your administrative hearing (or DUI license hearing).
Familiar with Chicago area courts and prosecutors, we apply a personalized defense strategy to every case. Retaining our services early puts you in the best position for reduced charges, a case dismissal or protection of your driving privileges.
When you are facing serious DUI charges in Chicago, you need a serious DUI defense lawyer by your side. For the legal knowledge and experience you want behind you throughout the days ahead, call our Chicago DUI defense lawyer today at (314) 900-HELP.
How We Can Help You in Your Chicago DUI Case
When you turn to Combs Waterkotte, after being arrested for a DUI in Chicago, there are a variety of things we can help you with.
During your case we can:
- Strive to protect your driving privileges
- Investigate/challenge the evidence
- Negotiate with prosecutors
- Prepare for court and administrative hearings
- Minimize the long term consequences you face
What Happens After a DUI Arrest in Chicago?
In Chicago, you can expect the following after a DUI arrest:
- Your vehicle will be impounded
- Your driving privileges will be suspended
- You will be booked at a police station
- You will face either bail or release
- You can challenge your automatic suspension in court
- You will be facing a charge that cannot be sealed or expunged
Because a DUI arrest triggers a series of serious repercussions, it is important that you don’t delay in retaining qualified Chicago DUI defense services.
What are My Rights After a DUI in Chicago?
If you’ve been arrested for a DUI in Chicago, you have several different rights you should invoke. These include:
- The right to be free from unreasonable searches and seizures: This protects you from being pulled over or arrested without probable cause. The police also cannot search your car without probable cause, a warrant or your consent.
- The right to remain silent: This protects you from making any kind of self-incriminating statements that can be used against you in court.
- The right to refuse a field sobriety test: You can refuse a field sobriety test as these are both voluntary and designed to gather evidence for an arrest. However, if the officer notices other evidence of impairment (such as the smell of alcohol or unusual behavior), you can still be arrested.
- The right to request an attorney immediately: This will protect you as a lawyer will help you better understand Illinois laws, protect your license from immediate suspension and start building your defense to minimize the risk of a permanent, non-expungeable offense upon your criminal record.
How Likely is Jail Time for a DUI in Chicago?
While jail time is more unlikely for a first time DUI (unless aggravating factors are present), there are several key factors that affect the likelihood of jail time. If your DUI case involves any of the following circumstances, there is a good chance you are facing jail time:
- High BAC (0.16% or higher)
- Second/subsequent offense
- An accident that caused bodily harm / death
- A child passenger under 16
- Driving without a valid license
When you contact our Chicago DUI defense lawyers, we will be able to better advise you about the penalties you are facing, based on the specific factors in your case.
What Penalties Am I Facing for a DUI in Chicago?
A DUI in Chicago is usually charged as a
- Up to 364 days in jail
- $2,500 in fines
- A 6-12 month driver’s license suspension
Other factors can increase these penalties, however, such as High BAC (0.16% or higher), child endangerment or repeat offenses.
Other penalties you can face include vehicle impoundment, the requirement to carry high-risk auto insurance (SR-22) for three years and mandatory alcohol/drug courses. For a first-time offense, however, you may be able to receive court supervision and have your charges dismissed.
What Do I Need to Know About Breath & Blood Tests in Chicago?
In Chicago, driving implies consent to breath/blood tests upon arrest. If you refuse a chemical test at the police station, you can face a 12 month license suspension.
When you are first pulled over, however, you are able to refuse a preliminary breath test. At the station, your tests will be done with equipment such as an Intoxilyzer 8000, which is more reliable than a portable handheld test.
Improper calibration and failure to follow state procedures does occur with breath tests and a lawyer can challenge the results, uncover procedural errors, and suppress evidence that is unreliable or improperly collected.
When a suspect is unable to provide a breath sample, or if drugs are suspected, then a blood test will be taken. While generally accurate, these tests are susceptible to contamination and improper handling as well.
What Do I Need to Know About Field Sobriety Tests in Chicago?
You are able to refuse field sobriety tests in Chicago without any legal penalties. If the officer observes other signs of impairment, however, he can still arrest you.
Field sobriety tests often include the following:
- The walk-and-turn: This involves walking in a straight line, heel-to-toe.
- The one leg stand: This involves balancing, by standing on one leg.
- The horizontal gaze nystagmus: This involves tracking an object with your eyes.
Sometimes officers may use a non-standardized test as well such as reciting the alphabet or counting backwards.
Because factors such as your nerves, uneven pavement, bad weather, age, weight or injuries can cause you to perform poorly on the tests, a DUI defense lawyer can highlight external factors that may have affected your performance.
Will I Lose My License Immediately After a DUI in Chicago?
A Statutory Summary Suspension automatically takes effect on the 46th day after your Chicago DUI arrest.
You are usually given a temporary driving permit that lasts until a suspension begins. You have 46 days, after your arrest, to challenge the suspension in court before it takes effect.
To learn more about protecting your driving privileges, we encourage you to speak with a member of our legal team at Combs Waterkotte today.
Can I Drive After a DUI Arrest in Chicago?
You can legally drive for the first 45 days, following a Chicago DUI arrest. After the 46th day, a
After the 46th day, however, you may still be eligible to drive with a BAIID device in your car if you obtain a
It is important to note, however, that you will have to file within 60 days of your DUI arrest to qualify for an MDDP.
Our DUI defense lawyers can provide you with all the information you need to maintain as much of your driving privileges as possible.
What is a Statutory Summary Suspension in Illinois?
A Statutory Summary Suspension in Illinois is an automatic, administrative suspension of your driving privileges. This goes into effect 46 days after a DUI arrest.
Your driving privileges will be suspended for 6-12 months if you are a first time offender. You may, however, qualify for a Monitoring Device Driving Permit (MDDP) when you install a BAIID device.
You can also file a petition to rescind the suspension and challenge whether the officer had reasonable grounds to believe you were driving under the influence.
What Do I Need to Know About License Suspensions in Chicago?
A license suspension in Chicago is known as a Statutory Summary Suspension. This starts 46 days after your DUI arrest and it usually lasts for six months. If you refused to take a chemical test, however, then you could be facing a one year suspension.
Ways you can fight to maintain your driving privileges:
- You can apply for a Monitoring Device Driving Permit (which will require you to install a BAIID device, if this was your first offense.
- You can file a petition to rescind the suspension, before the first court date or within 90 days of the notice
You will have to pay $250 to get your license back for a first suspension and $500 for a subsequent suspension.
Can a DUI Be Dismissed in Chicago?
You may be able to get your DUI case dismissed in Chicago if any of the following were in play:
- Insufficient evidence/failed tests: If inaccurate or improperly administered breathalyzer or field sobriety tests were given, we may be able to get this evidence suppressed, which could cause the case against you to unravel.
- Unlawful Police Stops: If police didn’t have probable cause to pull you over, then any evidence gathered as a result may be thrown out, potentially leading to the dismissal of your case.
- Constitutional violations: If your rights were violated, such as being detained or questioned without proper legal safeguards or having evidence seized illegally, we can challenge the case and seek dismissal.
- Improper procedure: If police failed to follow protocol, such as reading you your Miranda rights, then we may be able to get your case thrown out.
The sooner you take legal action, the sooner we can fight for the best outcome in your case, which could be a dismissal.
How Much Does a DUI Cost in Chicago?
When you take into account legal fees, court costs, fines and increased insurance premiums, a first time DUI can cost between $10,000 to $20,000.
You should expect to incur the following expenses in a Chicago DUI case:
- Legal fees
- Base fines and court costs
- Insurance increases
- Impound/towing fees
- Alcohol/treatment programs
- License reinstatement fees
Before you panic, however, you should know that Combs Waterkotte doesn’t charge by the hour and we offer low down payments and installment options. We don’t think your finances should stand in the way of the defense you deserve.
Additionally, when you retain our hard-hitting legal defense services, we may be able to minimize the penalties you face, reducing both the financial and long-term consequences of a DUI.
How Long Does a DUI Case Take in Chicago?
A DUI case can take between six to twelve months to conclude. During this time, you will be dealing with the following sequence of events:
- Your Arraignment: This is the first court appearance after your arrest where you’ll enter a plea and the judge will review your charges, the bail and release conditions.
- The Statutory Summary Suspension: This occurs 46 days after your arrest, requiring a separate hearing with the Secretary of State.
- Your Case Duration: This can involve 3-5 court dates for motions, hearings and pre-trial proceedings.
Keep in mind, however, that delays can occur if police officers are unavailable or if your case involves extensive pre-trial motions. A misdemeanor DUI will often resolve much faster than a felony DUI case involving aggravating factors. For a first-time DUI you may be eligible for a diversion program which can shorten the legal process.
Do I Need a Lawyer for a First DUI in Chicago?
While it might be tempting to minimize a first-time DUI in Chicago, these offenses can still come with hard-hitting penalties.
- Protect your record: We can advocate for court supervision instead of a conviction, for example and ensure that in the future you can more easily obtain employment and housing opportunities and pass background checks more easily.
- Challenge the evidence: We are skilled at identifying weaknesses in the prosecution’s case and by exposing these in court, we may be able to get your charges dismissed entirely.
- Navigate complex laws: You can’t afford to miss critical deadlines in a Chicago criminal court proceeding or Secretary of State administrative hearing. We have extensive knowledge when it comes to Chicago DUI cases and we will make sure you don’t do anything that might jeopardize your driving privileges or future.
- Minimize the penalties you face: When you retain our services, we immediately get to work to minimize fines, community service and jail time. We can also help you secure a restricted driving permit if your license is suspended, keeping your routine and livelihood from being adversely affected.
- Save money long-term: After a first-time DUI, you are facing increased insurance rates, fines, court costs and bail. We help you fight to minimize or eliminate the long-term costs of a DUI conviction. We also can help you avoid job loss by fighting to save your license and when applicable, we can negotiate plea deals to reduce your charges and penalties.
When Does a DUI Become a Felony in Illinois?
Many DUI offenses are Class A misdemeanors in Illinois, but charges can escalate to a felony if aggravating factors are present in your case.
These factors include:
- Prior DUI convictions: Repeat offenses increase penalties.
- Driving with a revoked license: This compounds the seriousness of the offense.
- Causing great bodily harm: Injuries to others can elevate your charges.
- Having a child passenger: Endangering a minor carries harsher consequences.
If any aggravating factors are present in your DUI case, you should understand that a felony charge significantly increases your prison sentence, fines and long-term consequences. When you speak with our legal team at Combs Waterkotte, we can help you better understand the charges you face and help you fight for the best possible outcome, given the circumstances of your case.
Types of Chicago DUI Cases We Handle
At Combs Waterkotte, we are prepared to defend you against a variety of DUI-related offenses in Chicago.
If you are facing any of the following charges, don’t hesitate to give us a call:
- First Offense Chicago DUI: This is typically a
- Second Offense Chicago DUI: This is typically a
- Multiple Offenses Chicago DUI: This offense carries both severe and mandatory penalties. For a third offense in Chicago, you will also be facing felony charges.
- Aggravated Chicago DUI: A felony offense in Chicago, this offense involves factors such as an accident that caused injury, multiple priors, child passengers or driving with a suspended or revoked license.
- Chicago DUI with Drugs: This is usually a
- Chicago Underage DUI: Illinois follows a “Zero Tolerance” policy for drivers under 21, so you will face an immediate license suspension if it is believed you violated this. A first offense is usually a Class A misdemeanor.
- Chicago DUI with Accident: You can face felony charges if the police believe that you caused an accident while driving intoxicated. You can also face a lengthy sentence and hefty fines.
- Chicago Hit and Run DUI: A felony offense in Chicago, a hit and run DUI often involves aggravating factors as well as the crime of failing to report an accident.
- Chicago DUI with Injury: This is a
- Chicago DUI Causing Death: This is a
- Chicago Felony DUI: You will be facing a felony DUI charge if it is a 3rd+ offense or if aggravating factors were involved.
- Chicago DUI with Child Endangerment: If it is believed that you were driving intoxicated, with a child passenger under 16, you could be facing DUI and child endangerment charges.
- Chicago CDL DUI: A CDL holder can face serious consequences for alleged drunk driving. At half the legal limit (0.04%), you could be facing a mandatory one year disqualification, even if you were just driving your personal vehicle. A second offense results in a lifetime CDL revocation.
First Offense Chicago DUI Lawyer
While it may not seem like a big deal to be charged with a first offense DUI in Chicago, even this charge can come with some hard-hitting penalties.
For this Class A misdemeanor offense, the penalties you will face include:
- Up to one year in jail
- Fines up to $2,500
- A minimum one year driver’s license suspension
If you complete alcohol education and pay fines, however, you may be able to receive court supervision and have your charge dismissed. You could also look into a Monitoring Device Driving Permit, which requires a BAIID device to be installed but allows you to drive during your suspension.
If your first offense involved aggravating factors, you can still face felony charges. When you need a reliable first offense Chicago DUI lawyer in your corner, don’t hesitate to contact our defense attorneys at Combs Waterkotte.
Second Offense Chicago DUI Lawyer
A Class A Misdemeanor, a second DUI offense in Chicago comes with heightened penalties.
For this offense, you will be facing:
- A mandatory minimum of 5 days in jail / 240 hours of community service
- Up to $2,500 in fines
- A five year driver’s license revocation.
Additionally, you will have to install a a BAIID device in your vehicle. If aggravating factors were present, then you could be facing felony charges. Don’t delay in contacting our second offense Chicago DUI lawyer today.
Multiple Offenses Chicago DUI Lawyer
If you are facing a third or subsequent DUI offense in Chicago, then you are facing a felony offense.
You can expect to face the following penalties in a Chicago multiple offenses DUI case:
- Third Offense: This is a Class 2 felony that comes with a 3-7 year prison sentence and a 10 year driver’s license revocation.
- Fourth Offense: This is a Class 2 felony that comes with a 3-7 year prison sentence and a potential lifetime license revocation.
- Fifth Offense: This is a Class 1 felony that comes with up to 15 years in prison.
- Sixth and Subsequent Offense: This is a Class X felony that comes with up to 30 years in prison.
When you are facing the severity of multiple DUI offenses in Chicago, it is imperative that you immediately retain aggressive legal defense by your side.
Aggravated Chicago DUI Lawyer
An aggravated DUI is a felony offense that involves a DUI with circumstances that elevate the offense.
These circumstances can include:
- Repeat offenses
- High BAC (0.16% or higher)
- Severe injury / death
- Children in the car
- Driving with a revoked / suspended license
Aggravated DUI comes with hefty fines, extended jail time, a longer drivers license suspension and mandatory community service and treatment programs. Our Chicago DUI lawyer can guide you through the legal process, help mitigate these factors and work to reduce the penalties you may face.
Chicago DUI with Drugs Lawyer
A DUI with drugs involves operating a vehicle while impaired by illegal drugs, prescription medicine or cannabis.
A Class A Misdemeanor, you can face the following penalties for this offense:
- Up to one year in jail
- $2,500 in fines
- Mandatory minimum one year driver’s license revocation
Additionally, this offense will often require a BAIID device to be installed in your car before your driver’s license can be reinstated. Penalties will be increased if this is a subsequent offense. As there is no legal limit for most drugs, the prosecution will have to prove you were impaired. Our DUI with drugs lawyer can challenge the legality of the traffic stop, question the
Chicago Underage DUI Lawyer
Because Illinois has a “Zero Tolerance” law for drivers under age 21, you can be charged with an underage DUI offense for any trace of alcohol or illegal drugs in your system.
The penalties for this Class A misdemeanor include:
- A mandatory 3 month license suspension (or a 6 month license suspension if you refused to take a breathalyzer test)
- Up to one year in jail
- $2,500 fine
Additionally, if you are convicted of this crime, you will have to endure a minimum two-year license revocation. Because an underage DUI can severely affect your future, it is advised that you immediately call our Chicago underage DUI lawyer to discuss your options and to pursue the best outcome in your case.
Chicago Felony DUI Lawyer
A felony DUI charge is usually an aggravated DUI. Aggravating factors that can elevate your DUI charge from a misdemeanor to a felony offense include:
- A third or subsequent offense
- Causing great bodily harm / death
- Driving with a suspended license
- Driving without insurance
- Driving a school bus while intoxicated
- Driving with a child passenger
These circumstances can result in a
Chicago DUI with Accident Lawyer
A DUI accident can result in a felony charge. Additionally, even if your crash did not injure someone, you can still be charged with a Class A Misdemeanor.
Following a DUI accident in Chicago, you can expect to face the following penalties:
- For a first or second offense with no significant injuries / aggravating factors: This is a
- For an accident with an injury or death / for a third or subsequent offense / a DUI with aggravating factors: This is a felony offense - either a Class 4 felony, 3 or 2, depending on the circumstances surrounding your case. Even if you are a first-time offender you can still face felony charges when significant injuries take place.
A DUI with accident will automatically result in more scrutiny to your case. If you are convicted, you will be dealing with a permanent criminal record, employment impact, insurance rate increases and other adverse effects. With so much at stake, it is imperative that you speak with a Chicago DUI accident lawyer now to have the details of your case evaluated and to work to reduce or challenge the charges against you.
Chicago Hit and Run DUI Lawyer
A hit and run DUI combines two offenses– driving under the influence and fleeing the scene of an accident. Because leaving the scene of an accident is viewed as an attempt to avoid responsibility / evade law enforcement, it is always treated very seriously. As a result, you could face separate charges with severe penalties, potentially stacked on top of each other.
You can expect to face the following penalties for this offense:
- If property damage occurred: You will likely be charged with a
- If injuries occurred: You will likely be charged with a
- If death occurred: You will likely be charged with a
Additionally, this offense will result in a mandatory drivers license revocation, which is harder to reinstate than a standard DUI. With severe penalties and heightened penalties on the line, it is critical that you act quickly to protect your rights and begin building your defense.
Chicago DUI with Injury Lawyer
If you are driving impaired and allegedly cause an accident which results in “great bodily harm,” then you can be charged with a DUI with injury.
To be charged with this offense, it will have to be proven that you caused:
- Great bodily harm: This includes broken bones, injuries that require surgery/hospitalization, concussions or traumatic brain injuries, internal bleeding or organ damage, permanent scarring or loss of function.
- Permanent disability: An injury resulting in long-term or irreversible limitations such as the loss of limbs, total / partial paralysis, loss of vision or hearing or chronic neurological damage.
- Disfigurement: This involves scarring, burns or injuries that permanently change visible body parts. It can also involve the loss of body parts or features that impact appearance (examples include your ears, nose or eye damage).
Normally a Class 4 felony or higher felony offense, this charge can result in 1-12 years in prison, up to $25,000 in fines and a minimum 2 year license revocation. If a child under 16 is injured, you could face a
Chicago DUI Causing Death Lawyer
Usually a Class 2 felony offense in Illinois, a DUI causing death is when a driver’s intoxication is rendered the proximate cause of a fatal crash. Proximate cause is “any cause that, in the natural and probable sequence, produced the death of another person.” In other words, a foreseeable consequence of driving impaired.
For this charge, you can expect to face:
- A mandatory prison sentence of 3-14 years
- Up to $25,000 in fines
- Permanent revocation of your driving privileges
Additionally, if multiple deaths occurred, you could be facing a 6-28 year prison sentence. The prosecution will have to prove that the DUI was the proximate cause of death by proving impairment, reconstructing the accident, showing medical evidence and providing witness testimony.
At Combs Waterkotte, we understand all of the elements of this charge and we know how to craft the most compelling defense for each of our clients. For the hard-hitting defense you need, following a DUI with death, contact our Chicago DUI lawyers today.
Chicago DUI with Child Endangerment Lawyer
This felony offense involves driving under the influence with a passenger under the age of 16.
Typically charged as an aggravated DUI, this offense can result in:
- Up to $2,500 in fines
- 25 days of community service
- A minimum of 6 months in jail
- A minimum 6 month license suspension
Additionally, this charge can result in heightened penalties if bodily harm occurred, it is a subsequent offense, or if the accident resulted in death. These charges also frequently result in a Department of Child and Family Services (DCFS) investigation which can jeopardize your parental rights.
Our legal team at Combs Waterkotte can help you evaluate your charges and potentially reduce their severity. We’ll protect your rights at every stage of your case and fight to minimize the consequences a DUI with child endangerment charge can have upon your life.
Chicago CDL DUI Lawyer
A Chicago CDL DUI is when a commercial driver is charged with operating a commercial vehicle with a BAC level of 0.04% or higher. You can, however, also face a one year disqualification of your CDL if you are arrested for driving while intoxicated in your personal vehicle.
For a CDL DUI, you will be looking at the following penalties:
- A mandatory one year disqualification of your CDL
- If you were driving with hazardous materials, a 3 year disqualification of your CDL
- For a subsequent offense, a lifetime CDL disqualification
A statutory summary suspension will take place within 46 days of the
At Combs Waterkotte we understand that a CDL DUI can affect your livelihood and future. Our legal team can explore defenses and technicalities that may preserve your license or shorten the disqualification period. To negotiate for reduced charges or alternative sentencing, contact our Chicago CDL DUI lawyers today.
Areas We Serve in Illinois
We represent clients across Illinois, including in Chicago’s Cook County and DuPage County. If you are a resident of any of the following cities or neighborhoods, facing a DUI charge, don’t hesitate to contact our office to retain the aggressive legal defense services you need throughout your case.
Chicago Neighborhoods We Serve:
North Side
- Albany Park
- Andersonville
- Lakeview
- Lincoln Park
- Lincoln Square
- North Center
- Uptown
West Side
- Austin
- Bucktown
- Garfield Park
- Humboldt Park
- Logan Square
- Little Village
- West Town
- Wicker Park
South Side
- Auburn Gresham
- Beverly
- Bronzeville
- Chatham
- Englewood
- Hyde Park
- Kenwood
- South Shore
Central/Loop Area
- The Loop
- River North
- Streeterville
- South Loop
- West Loop
Far South and Far West
- Archer Heights
- Brighton Park
- Garfield Ridge
- Hegewisch
- Morgan Park
- Mount Greenwood
In addition to Chicago, we represent clients across Illinois in counties such as Bond County, Calhoun County, Clay County, Clinton County, Effingham County, Fayette County, Franklin County, Greene County, Hamilton County, Jackson County, Jasper County, Jefferson County, Jersey County, LaSalle County, Lawrence County, Macoupin County, Madison County, Marion County, Massac County, Monroe County, Montgomery County, Morgan County, Perry County, Randolph County, Richland County, Saline County, Sangamon County, St. Clair County, Union County, Washington County, Wayne County, White County and Williamson County.
Our DUI Defense Services Extend to Clients Throughout Illinois, Including in the Following Cities:
- Addison, IL
- Alsip, IL
- Arlington Heights, IL
- Aurora, IL
- Bartlett, IL
- Bolingbrook, IL
- Buffalo Grove, IL
- Burbank, IL
- Chicago Heights, IL
- Cicero, IL
- Cook County, IL
- Deerfield, IL
- Des Plaines, IL
- Downers Grove, IL
- DuPage County, IL
- Elgin, IL
- Elk Grove Village, IL
- Elmhurst, IL
- Evanston, IL
- Evergreen Park, IL
- Flossmoor, IL
- Frankfort, IL
- Geneva, IL
- Glen Ellyn, IL
- Glenview, IL
- Highland Park, IL
- Hoffman Estates, IL
- Homewood, IL
- Joliet, IL
- Kane County, IL
- Lake County, IL
- Lake Forest, IL
- Lombard, IL
- McHenry County, IL
- Mount Prospect, IL
- Naperville, IL
- New Lenox, IL
- Northbrook, IL
- Oak Brook, IL
- Oak Lawn, IL
- Oak Park, IL
- Orland Park, IL
- Palatine, IL
- Rolling Meadows, IL
- Schaumburg, IL
- Skokie, IL
- St. Charles, IL
- Tinley Park, IL
- Waukegan, IL
- West Chicago, IL
- Wheaton, IL
- Will County, IL
- Wilmette, IL
