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Giacoletto Law Firm

What is a typical time line after a DUI/DWI arrest?


• A police officer stops a vehicle at a roadside safety check, or for probable cause, reasonable suspicion, or unusual operation.
• Officer observes the driver and requests a driver’s license, vehicle registration, and insurance card.
• If the officer suspect driver is under the influence, he asks driver to submit to field sobriety tests.
• If the officer does not suspect driver is under the influence, driver is released with any applicable violations.
• If the officer has probable causes based on the field sobriety tests, he places driver under arrest for DUI and takes him/her to police station. Driver is asked to submit to chemical testing of breath, urine, or blood.
• If a tested driver’s BAC is more than .05 but less than .08 and no drugs are found in the system, no statutory summary suspension will apply. However, the associated DUI charge will remain until the court takes appropriate action.
• If driver refuses to submit to or fails to complete testing, the statuary summary will apply.
   o A repeat offender who refuses to submit to testing is not immediatly eligible for a Restricted Driving Permit

   o A repeat offender who takes the test and fails is not eligible for an RDP during the 1-year suspension.
   o If driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit.
• If the driver’s test results show a BAC of .08 or more, or any trace of a drug, illegal substance, or intoxicaticating compound, driver will be issued a law enforcement sworn report notifying driver of statutory summary suspension.
• If the driver’s license is valid, a receipt is issued to allow driving for 45 days.
• A driver may obtain additional testing at his/her own expense. These results are admissible in court.
• The offender is required to post bond and may be detained until bond is posted.
• Offender’s vehicle may be towed, impounded, or seized.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: Jesse White, Illinois Secretary of State