I Am a Former Prosecutor Who Will Fight for Your Rights
DUI Defense
Protecting Your Rights After a DUI Arrest
If you’ve been arrested for DUI in Springfield, Sangamon County, or anywhere in Central Illinois, you are facing two separate fights at once: a criminal case that can mean jail time and a permanent record, and a civil license suspension that starts ticking the moment you’re released. W. Scott Hanken has defended DUI cases in Sangamon County for more than 37 years, including time spent as a prosecutor handling these exact cases for the State. That former-prosecutor perspective is what informs every defense strategy on this page.
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A Former Prosecutor on Your Side
W. Scott Hanken spent part of his 37-year legal career as a Sangamon County prosecutor handling DUI cases from the government’s side. That experience now works for the people he represents: he knows exactly how local police build a DUI case, what evidence prosecutors lean on, and where that evidence is most often vulnerable to challenge.
A DUI arrest can put your driver’s license, your job, and your freedom at risk — but an arrest is not a conviction. Every case starts with the same question: did the police follow the law at every step, from the initial stop through the chemical test? When the answer is no, that failure can become the foundation of your defense.
Attorney Hanken has been voted “Best Attorney” by both the Illinois Times (Best of Springfield) and the State Journal-Register (Reader’s Choice), holds an Avvo 10.0 “Superb” rating, and has been recognized by Super Lawyers among Illinois’s top-rated DUI/DWI attorneys. He has earned 270+ five-star Google reviews and 340+ five-star FindLaw reviews. His office sits at 1100 S. 5th Street in Springfield, inside the historic Mary Bryant Home for the Blind, a short walk from the Sangamon County Courthouse where most local DUI cases are heard.
What Counts as a DUI in Illinois?
Illinois law allows a DUI charge two different ways: a blood alcohol concentration (BAC) of 0.08% or higher, or driving while impaired by alcohol, drugs, or a combination — regardless of your exact BAC.
This means you can be arrested for DUI even with a BAC below 0.08% if an officer believes alcohol affected your ability to drive safely. The legal thresholds in Illinois are:
- 0.08% — the per se legal limit for drivers 21 and older
- 0.04% — the limit for commercial driver’s license (CDL) holders operating a commercial vehicle
- 0.00% (zero tolerance) — for drivers under 21; any detectable trace of alcohol can result in license consequences
Field sobriety tests and officer observations can support a DUI arrest even when a chemical test result is unavailable, low, or contested — which is one reason DUI cases are rarely as clear-cut as the arresting officer’s report makes them sound.
DUI Involving Drugs, THC, or Prescription Medication
Illinois treats drug-impaired driving the same as alcohol-impaired driving — and a valid prescription is not a defense if the medication affected your ability to drive.
Drug-related DUI charges in Sangamon County typically arise from:
- Prescription medications that impair driving ability, even when legally prescribed
- Cannabis use — legal under Illinois law, but illegal to combine with driving while impaired
- Drugs found in the vehicle during a traffic stop
- Heroin, cocaine, methamphetamine, and other controlled substances
- Combined alcohol-and-drug impairment
For cannabis specifically, Illinois uses a THC-based threshold rather than a breathalyzer-style measurement: a driver is presumed impaired at 5 nanograms of THC per milliliter of blood, or 10 nanograms per milliliter in another bodily substance. Because there is no roadside “breathalyzer” equivalent for THC, cannabis DUI cases often rely heavily on officer observations and field sobriety performance — both of which are contestable.
A first-time drug-related DUI conviction can carry fines up to $2,500, license suspension or revocation, mandatory drug and alcohol education, probation or community service, and possible jail time. Aggravating factors — an accident causing injury, or a minor in the vehicle — can increase the charges further.
Your Rights During a DUI Traffic Stop
You have the right to remain silent and to refuse roadside field sobriety tests and the preliminary breath test — without penalty.
Here’s what that means in practice:
- You must provide your driver’s license, registration, and proof of insurance when asked.
- You are not required to perform field sobriety tests or take the handheld roadside breath test. You can decline both.
- An officer can still arrest you based on other observations even if you decline these tests.
- Once arrested, Illinois’s implied consent law requires you to submit to an official chemical test (breath, blood, or urine) at the station. Refusing this test triggers an automatic license suspension separate from your criminal case.
- Anything you say to police can be used against you. The safest response to questioning is to stay calm, provide your identifying documents, and ask to speak with an attorney before answering further questions.
Representing yourself in a DUI case is legally allowed but rarely advisable. DUI law turns on small procedural details — how a stop was initiated, how a test was administered, how evidence was documented — and those details are exactly what an experienced defense attorney is trained to evaluate.
Penalties for a First-Time DUI Conviction
A first DUI in Illinois is typically a Class A misdemeanor, punishable by up to one year in jail, fines up to $2,500, and a minimum one-year driver’s license revocation.
Beyond the criminal penalties, a first-time conviction carries consequences that often outlast the case itself:
- Court costs and fines stacked on top of the statutory fine
- Lost wages from required court appearances
- Lost income during any period of license suspension
- Increased auto insurance premiums — sometimes dramatically, and sometimes resulting in policy cancellation
- BAIID costs — if a Breath Alcohol Ignition Interlock Device is required in your vehicle, installation and ongoing monitoring costs are paid by the driver
- A permanent driving record entry — in Illinois, a DUI conviction stays on your driving record for life
First-time offenders who have no prior DUI and have never previously pled down to reckless driving may be eligible for Court Supervision — a deferred judgment that, if completed successfully, keeps the DUI off your conviction record even though the arrest itself remains part of your history.
When a DUI Becomes a Felony
Certain circumstances elevate even a first DUI arrest from a misdemeanor to a felony charge.
Factors that can result in felony DUI charges include:
- A prior DUI conviction on your record
- Driving on a license that was already suspended or revoked at the time of arrest
- No evidence of valid motor vehicle insurance
- An accident that caused great bodily harm or death
Felony DUI cases carry significantly higher stakes than a standard first offense — longer potential prison sentences, larger fines, and consequences that can follow you for the rest of your life. If any of these factors apply to your arrest, getting experienced counsel involved immediately is critical.
Statutory Summary Suspension: Protecting Your License
Your license is not suspended the night of your arrest — Illinois law gives you a window to fight the suspension before it takes effect, but that window is short.
A DUI arrest triggers two separate proceedings:
- The criminal case — filed by the State’s Attorney’s office, addressing potential jail time, fines, and a conviction
- The statutory summary suspension — a civil action by the Illinois Secretary of State targeting your driving privileges, independent of the criminal outcome
If you take a chemical test and the result is over the legal limit, your license faces a 6-month suspension (first offense). If you refuse the chemical test, the suspension extends to 12 months. In either case, the suspension does not take effect immediately — it automatically activates on a fixed number of days after you’re served with the Notice of Suspension, giving you a brief but critical window to act.
During that window, your attorney can file a Petition to Rescind the Statutory Summary Suspension, forcing a civil hearing where the legality of the stop, the arrest, and the warnings you were given can all be challenged. Winning that hearing throws out the suspension entirely while your criminal case proceeds separately.
If the suspension can’t be rescinded, many drivers qualify for a Monitoring Device Driving Permit (MDDP), which allows continued driving — to work, school, or anywhere else — provided a Breath Alcohol Ignition Interlock Device (BAIID) is installed in the vehicle.
Penalties for a Second, Third, or Subsequent DUI
Penalties escalate sharply with each subsequent DUI — a second offense carries mandatory jail time, and a third moves the charge into felony territory.
| Offense | Classification | Potential Penalties |
|---|---|---|
| Second DUI | Class A Misdemeanor | Mandatory minimum 5 days in jail or 240 hours of community service; 5-year license revocation; BAIID required for 5 years after reinstatement |
| Third DUI | Class 2 Felony (Aggravated DUI) | 3–7 years in the Illinois Department of Corrections; 10-year license revocation; non-probationable if prior convictions are present |
| Fourth DUI | Class 2 Felony | Non-probationable |
| Fifth or Sixth DUI | Class 1 or Class X Felony | Significantly escalating prison sentences |
A second DUI within 20 years of the first triggers mandatory jail time under Illinois law, with no exceptions. Certain factors can increase penalties at any offense level, including a blood alcohol concentration of 0.16% or higher, a minor passenger in the vehicle, an accident that injures another person, or driving a vehicle known to be uninsured.
If you’ve been arrested for DUI more than once, the stakes of your case are categorically different from a first offense, and the defense strategy needs to reflect that from day one.
How We Fight DUI Charges
DUI cases are defensible, and a thorough review of the evidence often reveals weaknesses the arrest report doesn’t show.
Common defense strategies include:
- Challenging the traffic stop itself — if the officer lacked a legal basis (reasonable suspicion) to initiate the stop, every piece of evidence gathered afterward may be suppressible
- Scrutinizing field sobriety test administration — these tests are highly subjective and easily affected by terrain, weather, footwear, and medical conditions unrelated to impairment
- Challenging chemical test procedures — breath, blood, and urine tests are governed by strict administrative rules; errors in calibration, observation periods, or documentation can make results inadmissible
- Raising a rising-BAC defense — alcohol absorption takes time, meaning a driver’s BAC at the moment of driving may have been below the legal limit even if a later test at the station was higher
- Addressing prescription or legal-substance use that did not actually impair driving ability
Acting quickly matters. Dash-cam footage, witness memories, and physical evidence all degrade with time, and the deadline to challenge your statutory summary suspension is measured in days, not months.
Frequently Asked Questions (FAQs)
What’s the difference between DUI and DWI, and does it matter in Illinois?
Illinois only has DUI. The statute is 625 ILCS 5/11-501 — Driving Under the Influence — and it covers alcohol, cannabis, prescription medications, and any intoxicating compound. There is no separate DWI charge in this state.
If someone says “DWI” in Illinois, they’re using informal language. The charge, the record, and the consequences all fall under DUI.
625 ILCS 5/11-501 — A person shall not drive or be in actual physical control of any vehicle within this State while under the influence of alcohol, drugs, intoxicating compounds, or any combination thereof.
What are the potential legal consequences of a DUI conviction?
First offense (Class A misdemeanor): Up to 364 days in jail, fines up to $2,500, mandatory minimum one-year license revocation, possible BAIID requirement, potential alcohol treatment, and a permanent criminal record.
Second offense: Mandatory minimum 5 days jail or 240 hours community service, 5-year license revocation, BAIID requirement for at least 5 years after reinstatement.
Third offense – Class 2 felony (Aggravated DUI): 3-7 years in IDOC, 10-year license revocation.
What are common defense strategies in DUI cases?
Challenging the traffic stop itself: The officer must have had reasonable articulable suspicion to pull you over. No valid stop means everything that follows may be thrown out.
– Attacking field sobriety test administration: The NHTSA-standardized tests (HGN, walk-and-turn, one-leg stand) have strict administration protocols. Officer deviations produce unreliable results.
– Challenging breathalyzer accuracy: Calibration records, maintenance logs, and operator certification are all discoverable. Equipment problems can and do invalidate results.
– Medical and physiological defenses: GERD, acid reflux, diabetes, certain medications, and mouth alcohol contamination can all produce falsely elevated BAC readings.
– Chain of custody issues in blood cases: Blood draws must be collected, stored, and tested according to specific protocols. Breaks in the chain are powerful defense tools.
What factors can strengthen or weaken a DUI case?
Factors that strengthen the prosecution’s case: BAC significantly above .08, admission of drinking at the scene, poor field sobriety performance on body cam, odor of alcohol, open containers, prior DUI history, or accident involvement.
Factors that create defense opportunities:
Questionable basis for the initial stop, officer deviating from standardized FST protocols, breath test machine calibration issues, no video of the driving pattern, medical conditions affecting test results, or inconsistencies in the police report.
What role do pre-trial motions play in a DUI case?
Pre-trial motions are often where DUI cases are actually won or lost. The most important is a Motion to Quash Arrest and Suppress Evidence — challenging whether the stop was lawful, whether the arrest had probable cause, and whether evidence should be excluded.
If the court suppresses the breathalyzer result, the State often cannot prove the case and will dismiss. That happens in Sangamon County.
Is it common to resolve DUI cases through plea bargains?
Yes, but it varies. In Sangamon County, prosecutors will sometimes reduce a DUI to reckless driving for first-time offenders with borderline facts — what defense attorneys call a “wet reckless.” That avoids mandatory revocation and keeps a DUI conviction off the record.
Court supervision on a first offense is also possible. It is not a conviction, which means it will not result in revocation of your driving privileges and it does not appear on your public driving record with the Secretary of State. Note: DUI court supervision is not expungeable by statute in Illinois.
How often do DUI cases go to trial?
The majority resolve short of trial — through dismissal, supervision, or plea. But “rarely going to trial” should not be confused with “never willing to go to trial.” Prosecutors know which defense attorneys actually try cases, and they make offers accordingly.
Is it possible to get DUI charges reduced or dismissed?
Yes, and it happens more often than people think when the case is properly defended. Dismissal happens when the State can’t meet its burden: the stop was illegal, the test was invalid, or the evidence was obtained improperly.
How does a DUI charge affect a driver’s license?
There are two separate license proceedings: the criminal case and the administrative statutory summary suspension. The summary suspension begins 46 days after arrest. First offense: 6-month suspension (failed test) or 12-month suspension (refusal).
A conviction results in a separate revocation requiring a formal Secretary of State hearing.
How does a DUI charge affect my criminal record and insurance rates?
A DUI conviction in Illinois is a permanent entry on your criminal record. The state does not allow expungement or sealing of DUI convictions under 20 ILCS 2630/5.2.
On insurance: expect premium increases of 50-200% or more. SR-22 insurance (high-risk certificate) is required for reinstatement. Elevated rates typically last 3-5 years.
Can anything be done to reduce the impact of a DUI charge?
Options include: Court supervision on a first offense — not a conviction, which prevents license revocation and keeps the disposition off your public driving record with the Secretary of State. Note that DUI court supervision is not expungeable by statute. Reduction to reckless driving — avoids mandatory revocation and the DUI label. Suppression of evidence — if the stop or test was improper, the case can be dismissed entirely.
The window to request a statutory summary suspension hearing is only 90 days. Acting fast gives your attorney more to work with.
How long does a DUI case typically take to resolve?
In Sangamon County, a straightforward first-offense DUI typically takes between four and eight months from arrest to resolution. Cases with suppression motions, trial settings, or felony charges take longer — sometimes a year or more.
The statutory summary suspension of your license runs independently of the criminal case. Both tracks need to be managed simultaneously.
What are my options if I was arrested for DUI but wasn’t driving under the influence?
Fatigue, illness, nervousness, medical conditions, or lawful prescription medications can produce observations that look like intoxication. The defense strategy typically focuses on the officer’s observations, FST administration, and whether there is any objective chemical evidence of impairment.
Passing a breathalyzer but still getting charged? Officers can charge based on drug impairment or observed behavior even with a .00 BAC.
What happens if this is my first DUI offense?
A first DUI is a Class A misdemeanor under 625 ILCS 5/11-501. Maximum penalties are up to 364 days in county jail and a $2,500 fine, plus a mandatory minimum one-year license revocation.
In practice, first-time offenders without aggravating factors often qualify for court supervision — which, upon successful completion, is not a conviction. Two critical benefits: it prevents revocation of your driving privileges, and the disposition does not appear on your public driving record maintained by the Illinois Secretary of State. Important: DUI court supervision is not expungeable by statute in Illinois. First offenders may also qualify for a Monitoring Device Driving Permit (MDDP) during the statutory summary suspension period.
What are the consequences of multiple DUI offenses?
Second offense: Minimum 5 days jail or 240 hours community service; 5-year license revocation; BAIID required for 5 years after reinstatement.
Third offense: Aggravated DUI — Class 2 felony. 3-7 years IDOC, 10-year revocation. Non-probationable if prior convictions are present.
Fourth offense: Class 2 felony, non-probationable. Fifth or sixth offense: Class 1 or Class X felony with significantly escalating sentences.
A second DUI within 20 years of the first triggers mandatory jail time under Illinois law — no exceptions.
Can I refuse a breathalyzer or field sobriety test, and what happens if I do?
Field sobriety tests: You are not legally required to perform them. They are voluntary in Illinois. Politely declining is your right. Preliminary Breath Test (PBT) roadside: Also voluntary pre-arrest. You may decline.
Evidentiary breath, blood, or urine test post-arrest: Under Illinois’s implied consent law (625 ILCS 5/11-501.1), refusing triggers an automatic statutory summary suspension — 12 months for a first refusal, 36 months for a subsequent one.
My standard advice to clients is to decline all of it — field sobriety tests, the PBT, and any evidentiary breath, blood, or urine test. Here is the reasoning: while refusal results in a 12-month summary suspension for a first offense (versus 6 months for a failed test), it significantly limits the evidence available to the prosecution. A chemical test result hands the State its most powerful piece of evidence on a platter. Refusing forces them to build the case on observations alone, which is a much harder task.
Critically: whether you take the test or refuse it, you can continue driving during the suspension period by installing a BAIID device in your vehicle under the Monitoring Device Driving Permit program. That means the practical impact of the longer refusal suspension on your ability to drive is minimal. In my opinion, the benefits of refusal significantly outweigh the risks — the extra six months of suspension is a small price compared to handing the prosecutor a BAC number to use against you at trial.
Refusal does not prevent arrest or prosecution. But it does deny the State its most damaging evidence.
What is an ignition interlock device, and will I be required to install one?
BAIID — Breath Alcohol Ignition Interlock Device — requires you to blow into a device before your car will start and requires periodic rolling re-tests while driving.
In Illinois, BAIID is required for: first-time offenders using a Monitoring Device Driving Permit during summary suspension; second and subsequent offenders; and any conviction involving a BAC of .16 or higher. The device costs roughly $80-100 per month to lease and monitor.
How long have you been practicing DUI defense law?
37+ years. I’ve been handling DUI defense in central Illinois since the late 1980s — and before that, I prosecuted DUI cases. That experience on both sides of the courtroom is genuinely rare, and gives me a fundamentally different perspective on how these cases are built — and how to attack them.
Do you regularly handle DUI cases in the local courts where my case will be heard?
Yes. My practice is centered in Sangamon County — the Sangamon County Circuit Court in Springfield. I appear in those courtrooms regularly, know the local bench, and know the prosecutors.
Have you successfully challenged breathalyzer results or field sobriety tests?
Yes — many times. Breathalyzer challenges focus on calibration records, maintenance logs, operator certification under Illinois Department of State Police approved methods, and whether the 20-minute observation period was properly followed.
Field sobriety test challenges focus on whether the officer followed NHTSA standardized administration procedures, whether environmental conditions affected performance, and whether scoring was accurate.
How do you stay current with updates in DUI law, breath testing technology, and defense strategies?
Continuing legal education, Illinois State Bar publications, monitoring appellate decisions from the Illinois Supreme Court and appellate courts, and staying engaged with the Illinois DUI defense community. I also read the science — understanding how ethanol is absorbed and metabolized, what causes false positives, and how breath-to-blood conversion ratios work.
Do you offer payment plans or flexible billing options?
Every situation varies and that is an issue that is fully discussed at any consultation or initial meeting. My general practice is to have the flat paid upfront, but every situation is different. I do offer a variety of payment methods, including cash app, PayPal, cryptocurrency, and I do provide financing options through LawPay. LawPay is affiliated with Affirm and allows for payment plan options. All of that information is available on my website.
More on DUI Defense from Our Blog
For deeper dives into specific DUI issues — checkpoints, refusal consequences, license reinstatement, and more — visit our Drunk Driving Defense blog category.
Schedule Your Free Consultation
A DUI arrest moves fast — evidence can disappear, and the deadline to challenge your license suspension is measured in days. The sooner an experienced defense attorney is involved, the more options you have.
Call W. Scott Hanken at (217) 544-4057 or contact the office online to schedule a free, confidential consultation. The firm serves clients throughout Springfield, Sangamon County, and Central Illinois.
📍 1100 S 5th St, Springfield, IL 62703 ☎ (217) 544-4057 🌐 hankenlaw.com
This page is for general informational purposes only and does not constitute legal advice. Every case is unique — contact W. Scott Hanken directly for guidance on your specific situation.
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