DUI/DWI Law FAQs

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.

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.

■ A DUI conviction in Illinois stays on your record permanently. The state does not allow expungement or sealing of DUI convictions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A 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.

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.

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.

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.

My approach is always client-driven. I evaluate the evidence, identify strengths and weaknesses, give my honest assessment of likely outcomes at trial versus a negotiated resolution, and then we decide together.

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.

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.

I typically charge flat fees for DUI cases, which gives clients certainty about total costs. The amount depends on the complexity of the case — first offense vs. felony, whether trial is likely, whether there are suppression issues to litigate. I give you a clear number at the consultation. No surprises.

As a general rule, I charge a flat fee. These are fully discussed and resolved from the outset so that there are no questions down the road. The only other possible additional financial obligations would be Expert witness fees, investigation fees, filing fees, and any other miscellaneous fees incurred in obtaining documents, etc.

Yes. Call (217) 544-4057. The initial consultation costs you nothing. We'll discuss the facts of your arrest, the likely charges, the timeline, and your options. If you've just been arrested, don't wait until Monday.

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.

You'll hear from me when something happens. Phone calls, emails — whatever communication style works for you. If you call my office, you reach me or get a prompt callback. I don't let clients sit in the dark about their own case.

Me. You hire W. Scott Hanken and W. Scott Hanken handles your case. I appear at your hearings, negotiate with the prosecutor, argue your motions, and try the case if it goes to trial. You are not passed off to a paralegal or a new associate.

My goal is to ensure that every inquiry, no matter the method is responded to well within 24 hours. 

I keep all of my clients updated and immediately contact them when there are new developments, discovery, or conversations with the prosecutor. Obviously, there are times where there may be a gap of time where there’s no movement, updates, etc. but I endeavor  to keep clients informed and never let a client slip out of the loop.

Many times the best method is email as I’m often limited in answering my phone when in court. I am steadfast in checking my emails and messages and promise a quick response.