Arrested for a DUI in Dupage County Illinois, what next?

If you have been arrested for a DUI in Dupage County, this article will describe the process of what will occur. After the police officer arrests you for a DUI, he will take you to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Statutory Summary Suspension Laws. If you take the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the DuPage County Judicial Center, located at 505 N. County Farm Road, Wheaton, Illinois 60187. There is a parking garage by the building.
The case will typically be prosecuted by the DuPage County State’s Attorney’s Office. However, some municipalities including Oak Brook, Carol Stream and West Chicago to name a few prosecute the offenses themselves and hire private attorneys. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to one of three court rooms 4002, 4015 or 4017. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the DuPage County DUI Process. The criminal prosecution of a DUI can take as little as two months or as long as one year. If you enjoyed this article, please visit DUI Attorney and DUI Lawyer. If you were arrested for a DUI in another State, please visit Local DUI Attorney for further information.

Arrested for a DUI, should you fight the Charge?

After you are arrested for a DUI arrest, you may feel that your case is hopeless and that you should just plead guilty. This is especially true if you consented to a breath test that revealed a high blood alcohol level. However, it is important to consult with a DUI attorney to discuss your case before determining whether you should plead guilty. There may be other legal aspects of your DUI arrest that can be challenged.


According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protect against unreasonable search and seizures. If you were arrested for a DUI and it was not based on probable cause, a competent DUI Attorney may be able to have the case dismiss based upon a violation of the Fourth Amendment.

Police Officers often make mistakes during DUI arrests. If the police question you without reading you the Miranda warnings, your DUI attorney may move to have certain evidence suppressed or possibly have the case dismissed. In some cases, your DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.

In Illinois, the DUI laws requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content(BAC). Refusal of a breath test will result in civil penalties, including the loss of driving privileges for a period of at least one year. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.

Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
• The results of the test the testing procedure;
• The collection, handling and storage of the sample;
• The manner in which other tests were conducted;
• The arresting officer's actions;
• The cause for the traffic stop.

Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.

If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, if your lawyer has experience in this area and may feel otherwise.

For further information, please go to www.pbuhlawoffice.com or www.dui-illinois-lawyer.com.