What Happens After a DUI Arrest in Sangamon County
Updated: Nov 2
By Jeffrey G. Cox, former Sangamon County Assistant State's Attorney and past president of the Sangamon County Bar Association
A DUI arrest starts two separate cases at once. One is about your driver's license. The other is the criminal charge. Each has its own deadlines, and the license case moves faster than most people expect.
Here is what usually happens in the first few months after a DUI arrest in Springfield or anywhere in Sangamon County.
Jeff Cox has seen these cases from both sides. As a Sangamon County Assistant State's Attorney, he built DUI cases for the State. He knows how officers write their reports, how breath and blood results are presented in court, and where those cases tend to be weakest. Today he puts that experience to work for people charged with DUI.
Right after the arrest
After booking, most people charged with a misdemeanor DUI are released. Illinois ended cash bail in September 2023, so you generally will not post money to go home. A judge may set conditions, such as not drinking or not driving, and you will receive a court date.
You will also be handed a Notice of Statutory Summary Suspension. Keep it. It starts the clock on your license.
Your license: the 46-day clock
The statutory summary suspension is a civil action by the Illinois Secretary of State. It happens whether or not you are ever convicted.
Day 1: You receive the notice, usually at the time of arrest.
Day 46: The suspension takes effect unless it has been successfully challenged.
Day 90: The last day to file a Petition to Rescind the suspension.
Once a petition is filed, the hearing is generally set within 30 days. Filing early gives you the best chance of being heard before the suspension starts.
How long the suspension lasts:
Situation | First offender | Not a first offender |
Failed the breath or blood test | 6 months | 1 year |
Refused the test | 12 months | 3 years |
Many first offenders can keep driving with a Monitoring Device Driving Permit, which requires a breath-alcohol ignition interlock device in the car.
Arrested in the last 46 days? Your license deadline may be close. Talk to a former DUI prosecutor today.
The criminal case
The DUI charge is handled at the Sangamon County Courthouse, 200 South Ninth Street in Springfield. A first DUI is usually a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. Certain facts, such as an accident with serious injury or driving without a valid license, can make it a felony.
The case typically moves through these steps:
First appearance, where the charge is read and conditions are set.
Discovery, where your attorney gets the police reports, squad and body camera video, and breath or blood test records.
Motions, where your attorney can challenge the stop, the arrest, or the testing.
Resolution, by dismissal, a negotiated outcome, or trial.
This is where a prosecutor's perspective matters. Jeff knows what the State has to prove, what evidence it relies on, and how the details of a stop or a breath test can change the outcome. That lets him spot problems in a case early, before the important decisions are made.
For some first offenders, court supervision may be available. Supervision is not a conviction, and if completed successfully, it avoids the license revocation that follows a DUI conviction. Anyone facing sentencing must also complete an alcohol and drug evaluation, and courts commonly require a victim impact panel.
What to do now
Find your Notice of Statutory Summary Suspension and note the date on it.
Write down what you remember about the stop, the tests, and what was said, while it is fresh.
Do not discuss the case with anyone other than your attorney, including on social media.
Talk to a lawyer before day 46. The license deadline is the one that cannot wait.
Don't wait for your first court date. The sooner Jeff reviews your case, the more options you have. Consultations are free.
About the author
Jeff Cox is a Springfield attorney who knows the Sangamon County courthouse from the inside.
Former Sangamon County Assistant State's Attorney, where he prosecuted DUI cases
Past President of the Sangamon County Bar Association
Licensed in Illinois since 2008
Former Bureau Chief and Administrative Law Judge at the Illinois Department of Agriculture
Co-drafter of the Illinois Cannabis Regulation and Tax Act
Local: his office is on Wabash Avenue in Springfield
He now defends people charged with DUI and traffic offenses in Springfield and across Central Illinois.
Talk to Jeff today. The consultation is free.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
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