Being arrested for driving under the influence (DUI) is a stressful and overwhelming experience. The 72 hours that come next are absolutely critical to your future. Protect that future by learning the post-arrest timeline, your rights, and what steps to take next.
Arrest and Booking
Most DUI arrests in Illinois begin with a traffic stop. Law enforcement may pull you over for erratic driving, a traffic violation, or at a sobriety checkpoint. If the officer suspects you are under the influence of alcohol or drugs, they may ask you to perform field sobriety tests and submit to a preliminary breath test.
Illinois has an “implied consent” law, which means that by driving on Illinois roads, you automatically agree to submit to chemical testing if arrested for DUI. Refusing to take the test can result in driver’s license suspension.
If the officer has probable cause, you’ll be placed under arrest and taken to the police station. There, you’ll be “booked”—your personal information will be recorded, and you’ll be fingerprinted and photographed. The police may conduct a more formal chemical test, such as a breathalyzer or a blood test.
Law enforcement may question you about the incident. Politely decline to answer their questions and ask for a lawyer.
License Suspension Process Begins
Whether you took the chemical test or refused, the statutory summary license suspension kicks in 46 days after your arrest. However, this process often starts immediately.
The arresting officer will likely give you a Notice of Statutory Summary Suspension. This serves as a temporary driver’s license and is valid for 45 days. The notice is also forwarded to the Illinois Secretary of State. The license suspension is administrative, not criminal. Even if you’re later found not guilty of DUI, the suspension can still proceed unless you successfully challenge it in court.
Release or Posting Bond
Depending on the circumstances, you may be released from custody with a citation and court date, or you may be required to post bond. In Illinois, bond for DUI offenses can vary based on your criminal history, BAC level, and whether there was an accident.
If you’re released, read the paperwork carefully. It will include your first court date. These are often scheduled within a few weeks.
Vehicle Impoundment
If your vehicle was impounded at the time of arrest, you may need to pay towing and storage fees to retrieve it. In some jurisdictions, the vehicle may be held longer, especially if the DUI involved an accident or was a repeat offense.
Contact a DUI Attorney
Within the first 72 hours, you should contact an experienced DUI defense attorney. Early legal representation can help challenge improper testing procedures or Constitutional violations. Your lawyer can represent you during questioning and negotiate charge reductions or case dismissal.
If you want to contest the statutory summary suspension of your license, you have 90 days from the notice date to request a Statutory Summary Suspension Hearing. However, preparing a strong case takes time, as your attorney will need to review the evidence, police reports, and procedures used during your arrest.
Talk to an Illinois DUI Defense Attorney Today
Understanding the DUI arrest process and taking proactive steps can make a significant difference in your case outcome.
If you or someone you love has been arrested for DUI in Illinois, don’t wait. Contact Travis Noble, P.C. today for a consultation.