DUI Lawyer in Southern Illinois

DUI Lawyer in Southern Illinois

A DUI arrest in Southern Illinois can be life-altering. You could face criminal penalties, loss of your driver’s license, skyrocketing insurance rates, and long-term damage to your reputation. But remember — an arrest is not a conviction. You have legal options, and the experienced defense attorneys at Combs Waterkotte are ready to fight for you.

We defend clients across Southern Illinois who have been accused of driving under the influence of alcohol or drugs. Whether it’s your first offense or a repeat charge, our team will investigate your case, challenge weak evidence, and push back against aggressive prosecution.

What to Do if You're Pulled Over for DUI in Southern Illinois

Being stopped by police can be incredibly stressful—especially when an officer begins questioning you about potential alcohol or drug use. What starts as a routine stop can quickly escalate under suspicion of DUI. But how you respond matters. Staying composed and understanding your rights can greatly impact the outcome. With years of experience defending DUI charges across Southern Illinois, our legal team recommends following these key steps to protect yourself from unnecessary consequences:

• Pull Over Properly: As soon as you see police lights in your rearview mirror, find the nearest safe and legal spot to stop—preferably a road shoulder or parking lot. Avoid unsafe or obstructive areas. Turn off your engine, keep your hands visible, and follow the officer’s directions respectfully and calmly.
• Maintain Composure: How you behave during a traffic stop can shape the entire interaction. Staying calm, polite, and non-confrontational reduces the chance of misunderstandings or further escalation. Aggressive or evasive behavior can raise red flags and lead to searches or arrests.
• Protect Yourself — Understand Your Right to Remain Silent: Other than providing your ID, registration, and proof of insurance, you don’t have to answer questions about your whereabouts or alcohol consumption. Politely decline to respond and assert your Fifth Amendment rights. Anything you say can be used against you—don’t offer information that strengthens the case against you.
• Say No to Field Sobriety Tests and Pre-Arrest Breath Tests: In Illinois, implied consent only applies after you’re arrested. Before that point, you are not required to perform field sobriety tests or take a roadside breath test. These tests are subjective and often used to build a case for arrest. You can—and should—refuse politely.
• Contact Combs Waterkotte Immediately: If you're arrested, invoke your right to an attorney and do not speak to police without one present. Everything you say can be used against you, but attorney-client conversations are confidential. Call us at (314) 900-HELP as soon as possible. Our skilled Southern Illinois DUI lawyers are ready to protect your rights and begin building your defense.

Southern Illinois DUI Laws

Illinois law defines DUI as operating a vehicle while impaired by alcohol, drugs, or intoxicating compounds. A driver can be charged with DUI if they have a Blood Alcohol Content (BAC) of 0.08% or higher, or if they show signs of impairment due to any substance, including cannabis or prescription drugs.

The law applies to all motor vehicles — not just cars. You can be charged for operating motorcycles, boats, and even lawn tractors while under the influence.

A couple of important Illinois DUI laws are:

• 625 ILCS 5/11-501: The primary DUI statute covering alcohol and drug impairment
• Statutory Summary Suspension (SSS): An automatic driver’s license suspension for failing or refusing a chemical test

The Administrative Side of a DUI in Southern Illinois

When you're charged with DUI in Southern Illinois, you’re not just facing a criminal case—you’re also up against the administrative process that can lead to a suspended license, even before your trial begins. This is a SSS, and it’s automatically triggered when you fail or refuse a chemical test after a DUI arrest.

Here’s what you need to know:

• Summary Suspension Timeline: If you refuse testing, your license may be suspended for 12 months. If you fail the test (BAC of 0.08% or higher), you could lose your license for at least 6 months—even if your criminal charges are dropped.
• You Can Fight It: You have just 45 days from the date of your arrest to challenge the suspension in a hearing. If you don’t act, the suspension goes into effect automatically.
• This Is Separate From Your DUI Case: The administrative hearing is civil—not criminal. That means even if you're later found not guilty of DUI in court, your license could still be suspended if you didn’t contest the summary suspension.
• Monitoring Device Driving Permit (MDDP): First-time offenders may qualify for an MDDP, which allows you to drive with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle during the suspension period.

At Combs Waterkotte, we represent clients in both the courtroom and at administrative hearings. We work quickly to file the necessary petitions, challenge the basis of your arrest, and protect your ability to drive. Every day you wait is one step closer to losing your license. Let us act fast to preserve your rights and driving privileges.

DUI Penalties in Southern Illinois

DUI penalties in Illinois increase with each offense and can vary based on factors like your BAC level, whether you caused injury, and if a minor was in the vehicle. Even a first offense can carry serious consequences:

• First DUI: Class A misdemeanor, up to 1 year in jail, $2,500 fine, license suspension
• Second DUI: Mandatory jail time or community service, 5-year license revocation if within 20 years
• Third DUI: Aggravated DUI (Class 2 felony), 3–7 years in prison, $25,000 fine
• Refusing Chemical Test: Minimum 1-year license suspension, longer for repeat offenses

Other potential consequences include court-mandated alcohol treatment, installation of an ignition interlock device, and skyrocketing insurance premiums.

DUI Evaluations are Mandatory in Southern Illinois

Under 625 ILCS 5/11-501.01(a), individuals “shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment.” This is required prior to any sentencing or order for supervision court decision, and plays a major role in determining your eligibility for probation, driving relief, or treatment programs. This essentially means, as opposed to many other states, you can’t expect to appear in court, plead guilty, and expect the case to be over.

What is a DUI evaluation? It is an assessment conducted by a licensed counselor—certified by both the Illinois Department of Human Services and Department of Alcoholism and Substance Abuse. The evaluator will interview you and ask about your arrest, past and present alcohol and drug use, and lifestyle.

The evaluator then assigns a risk level, which judges use when deciding on sentencing and treatment requirements. The levels include:

• Level I: Minimal Risk. This applies for no prior DUI offenses, a low BAC (typically below .15), and no other symptoms of substance use disorder.
• Level II: Moderate or Significant Risk. This level can be assigned if this is your first DUI offense with a BAC between .15 and .19, or if you refused a breath test.
• Level III: High Risk. This level is typically for those with multiple DUI offenses or who are dependent on alcohol or drugs.

The courts treat the DUI evaluation as a roadmap for sentencing. That’s why having an experienced DUI defense attorney guiding you through the process can make all the difference. Call us now at (314) 900-HELP or reach out online. We’ll make sure you present yourself in the best possible light throughout the legal process in Southern Illinois.

Don’t face a DUI evaluation alone. Let the Combs Waterkotte Southern Illinois DUI legal team help you navigate every phase of your case—from arrest through evaluation to resolution.

DUI Defense Strategies in Southern Illinois

You are innocent until proven guilty — and a strong legal defense can make all the difference. Our experienced DUI lawyers may use one or more of the following strategies to challenge the case against you:

• Challenging the legality of the traffic stop
• Disputing the accuracy of breath or blood tests
• Identifying improper police procedures
• Arguing lack of probable cause
• Introducing alternative explanations for your behavior or appearance
• Highlighting medical conditions that affect test results

We’ll analyze every piece of evidence and challenge every assumption — because your future is worth fighting for.