First Offense DUI Charge in Will County
A first DUI in Illinois is a Class A misdemeanor. The law allows a sentence of less than one year in jail and a fine of up to $2,500, but a judge can also order court supervision, which is only available if you have never had a DUI conviction or supervision before. In Will County your case is heard at the courthouse in Joliet.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What a first DUI charge means
Illinois treats a first DUI as a misdemeanor, not a felony. Under the DUI statute, anyone convicted of driving under the influence is guilty of a Class A misdemeanor unless a more serious rule applies. That more serious rule can be a crash with serious injury, no valid license, or no insurance. If none of those facts are in your case, you are looking at the misdemeanor range.
You can be charged if your alcohol concentration was 0.08 or more. You can also be charged if the officer says alcohol, drugs or another intoxicating compound left you unable to drive safely. Both are in the same law, 625 ILCS 5/11-501(a).
A first charge also starts a second, separate track at the Secretary of State. That track is about your license, and it has its own deadlines. We cover it below and on our summary suspension page.
What the law allows for a first conviction
These are the limits in the statutes. A judge decides the actual sentence after hearing the facts.
| Item | What the statute says |
|---|---|
| Offense class | Class A misdemeanor |
| Jail | A determinate sentence of less than one year |
| Fine | Up to $2,500 for the offense, with a $75 minimum unless the law sets another amount |
| Probation or conditional discharge | Up to 2 years |
| Alcohol concentration of 0.16 or more | At least 100 hours of community service and a $500 minimum fine |
| Evaluation | A professional alcohol and drug evaluation is required before final sentencing or supervision |
| Driver's license | The Secretary of State revokes driving privileges after a conviction |
A court can also order you to attend a victim impact panel. Treatment or education recommended by the evaluation can be added to a sentence, but it can't be the only punishment.
Court supervision on a first offense
Supervision is a way to finish a case without a conviction on your record. The judge delays the sentence and puts you on supervision for a set period. If you finish the conditions, the case ends without a conviction.
For a DUI, the rules are tighter. The Unified Code of Corrections says the court may not use supervision for a person charged with DUI who was previously convicted of DUI, or who was previously given supervision for DUI, in Illinois or another state. In plain terms, you get supervision on a DUI one time.
That is why a first charge deserves careful handling. The judge also has to find that you are unlikely to commit more crimes and that supervision fits the circumstances. The prosecutor's view counts, and the evidence in your case affects how that conversation goes. Read more on our court supervision page.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What happens next
- Arrest and ticket. The officer gives you a Uniform Traffic Ticket with a court date. If you took or refused a test, you also get a notice about your license.
- Day 46. A summary suspension of your license starts on the 46th day after that notice unless a judge rescinds it first. A first offender may be able to drive during the suspension with a monitoring device driving permit. Learn the timing on our suspension guide.
- First court date. You appear at the Will County Courthouse, 100 W Jefferson St, Joliet. The charge is read and the next dates are set.
- Discovery and review. Jeff gets the police report, the video if there is any, and the test records, then checks the stop, the arrest and the testing.
- Motions and talks. Jeff may file motions about the stop or the test. The prosecutor may make an offer. You decide what to do.
- Resolution. The case ends by dismissal, a plea, supervision, or a trial. After a conviction the Secretary of State revokes your license.
Our first offense walkthrough goes through these steps with more detail on each court date.
Your license after a first DUI
There are two license problems, and people mix them up.
The first is the summary suspension. It comes from the arrest, before any court decision. The second is the revocation. It comes from a conviction. A revocation under the Vehicle Code means you may apply for a license again after one year, and you have to go through the Secretary of State to get it back. Time already served on a summary suspension is credited toward the minimum revocation period if you are later convicted for the same incident.
A first offender may qualify for a Monitoring Device Driving Permit during the suspension, which lets you drive with an ignition interlock device. See the MDDP page.
How Jeff defends this charge
- Reviews why the officer stopped your car and whether the stop was lawful.
- Checks how the field sobriety tests were given and scored, including the conditions on the road.
- Looks at the breath or blood test for timing, device records and procedure.
- Watches the squad video and body camera, if any, and compares it to the police report.
- Files the court request to challenge the license suspension within the deadline.
- Talks through supervision, plea and trial options with you so you choose with the full picture.
No lawyer can promise a result. Jeff tells you what the evidence shows and what the options are.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about first offense dui
Short answers first. Jeff McCarthy reviews every answer on this page.
No. A first DUI is normally a Class A misdemeanor. It becomes a felony only with added facts, such as serious injury to someone, no valid license, or no insurance.
The law allows less than one year in jail for a Class A misdemeanor, but the basic first DUI statute sets no mandatory jail term. A judge can also use probation, conditional discharge or supervision.
Often it is possible, if you have no earlier DUI conviction or DUI supervision. The judge decides, and the prosecutor's position matters.
A summary suspension starts on day 46 after notice and lasts 6 months if you took the test and failed it, or 12 months if you refused. A conviction brings a separate revocation, and you may apply to get a license back after one year.
Yes. The ticket sets a date at the court in the county where you were arrested. Missing it can cause a warrant, so talk to Jeff before the date.
The general misdemeanor minimum is $75, and the top is $2,500. If your alcohol concentration was 0.16 or more, the minimum fine is $500. Court costs and other charges are added on top.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
