What to Expect for a First-Time DUI in Illinois

 Posted on January 14, 2026 in DUI

A DUI refers to the formal charge brought against an individual for driving under the influence of alcohol or drugs. In Illinois, even a first-time DUI is a misdemeanor and can lead to serious consequences. Many people assume that a first-time DUI conviction will result in lenient penalties, but the consequences for a first-time DUI are quite serious.

Our Wheaton DUI defense lawyer is experienced and discreet. If you are facing a first-time DUI we can help you manage your case with minimal exposure. Whenever possible, we advocate for our clients’ charges to be reduced or dropped altogether.

What Counts as a DUI in Illinois?

Under Illinois law 625 ILCS 5/11-501, you can be charged with DUI in several ways. The most common is having a blood alcohol concentration of .08 percent or higher. However, you can also be charged if you are impaired by alcohol, drugs, or other intoxicating compounds, even if your BAC is below .08 percent.

This means prescription medications, over the counter drugs, and illegal drugs can all lead to a DUI charge. Cannabis or weed is also included. You do not even need to be driving for a DUI charge. Illinois law only requires that you have actual physical control of a vehicle.

Can You Avoid a Summary Driver's License Suspension for a First Time DUI?

One of the most confusing parts of a DUI arrest is the statutory summary suspension. This is an automatic suspension of your driver's license under 625 ILCS 5/11-501.1, Illinois's implied consent law.

The suspension is separate from your criminal case and is handled by the Illinois Secretary of State. If you fail or refuse the test, your license will be suspended starting on the 46th day after arrest. First-time offenders who fail face six months suspension. First-time offenders who refuse face 12 months suspension.

You can challenge this by filing a Petition to Rescind within 90 days. The judge will examine whether the officer had reasonable grounds to arrest you and whether proper procedures were followed. If not rescinded, you may qualify for a Monitoring Device Driving Permit with a breath interlock device.

Is it Automatically a DUI if You Blow a .08 or Higher?

No. Blowing a .08 or higher does not automatically mean you will be convicted of DUI. The test result is evidence that can be used against you, but it is not the final word.

Your attorney can challenge the test results in several ways. Breathalyzer machines must be properly calibrated and maintained. The officer must also follow proper procedures when administering the test. Certain medical conditions like acid reflux and diabetes can affect breathalyzer results.

Blood tests can also be challenged if the sample was not properly collected, stored, or tested. Even if the test results cannot be thrown out, your attorney may be able to negotiate for reduced charges or alternative sentencing.

Possible Repercussions for a First-Time DUI

Criminal penalties for a first-time DUI conviction can differ depending on the factors that revolve around your drunk driving case. With the help of a DUI criminal defense attorney, there is the possibility that they can get your charges reduced or even dismissed. However, that is never a guarantee.

Here are some possible consequences for first-time offenders: 

• Fines: For a first-time DUI in Illinois can have a minimum fine of $500 and a maximum fine of $2,500 depending on the situation. This, however, does not include other factors including damage to property, any injuries caused, increases in insurance premiums, and court costs.

• Jail: Jail time is possible, even for first-time offenders. For a first offense, it may only be one to two nights in jail, but under the law, up to one year in jail is possible. However, depending on the factors of the DUI, you may be required to submit to court supervision, community service, and more.  

• Probation: If you can avoid jail time, you will most likely be put on probation. Illinois courts require that, while on probation, you cannot use drugs or alcohol. You must also check in regularly with a provided probation officer and are required to stay within the state.

• Drug and alcohol education program: After a DUI conviction, you could be required to complete a drug and alcohol education program. This program is used to help offenders realize the consequences of driving under the influence. Participants may be asked to speak on how drugs and alcohol have personally influenced their lives, with the hope that they can learn from their experiences as well as the experiences of others.

• Suspension of driving privileges: For a first DUI, your driver’s license will be revoked for at least one year. In most cases, a first-time offender will qualify for relief programs that allow them to drive for work or school during the suspension, but you will still need to go through the process of having your license reinstated at the end of the revocation period..

Contact a Wheaton, IL DUI Defense Attorney Today

If you have been charged with driving under the influence for the first time, it is important to speak with a lawyer who will protect your rights. Facing such charges on your own can be nearly impossible and lead to much more serious consequences.

With over 30 years of experience practicing law, our DuPage County DUI defense attorney offers free consultations to discuss your case. Contact Stephen A. Brundage today at 630-260-9647 to learn how we can help you fight your charges.