I Was Charged With DUI – Arraignment Process in Illinois

Reader’s Question:

I was charged with DUI in Peoria, Illinois and it’s nearing my first court date and I don’t know what would happen. Could you give me an idea as to what should I expect during the arraignment of my DUI case?

MJ

Peoria, IL

If you haven’t hired a DUI lawyer to represent you on your DUI charge in Peoria, Illinois, you would have to attend your arraignment. The date, time and location of your first court meeting are on your ticket or somewhere else in your paperwork. At some point during your arraignment, the judge would ask you to enter a plea to the charges. Then you would have to plead either guilty or not guilty to the DUI charge. Depending on the plea that you would enter, the judge would ask you several questions to determine if you want to waive your constitutional rights, including your right to a speedy jury trial.

If you enter a guilty plea on your DUI charge, the judge would likely pass sentence immediately. The sentence would vary depending on the charges you face, the specific judge assigned to your case and the county you are charged in. At minimum, most DUI cases entail some time in jail or a program that counts as jail, a substantial fine, probation and DUI school.

Illinois DUI Case Going to Trial – How Long Will It Take?

Reader’s Question:

I just wonder how long it will take if I fight my DUI case here in Illinois. I am thinking that I just work out a deal rather than going to trial to get this over and done with. Is it true that a DUI trial could take months?

Zaire

Berwyn, IL

Yes, if you take your DUI case in Berwyn, Illinois to trial in front of either a judge or a jury, it would take you some number of months. There could be two or three court dates before a trial, which would probably be six months out. It could take a total of six months to a year for the case to be resolved for a jury trial. There is a possibility to skip preliminary motions and schedule a bench trial immediately in some circumstances. This would usually limit your DUI defense options so it does have disadvantages but it could give you a chance to resolve the case in two months or less.

If you work out a deal rather than going to trial, it would be very likely that you can have the minimum penalty available under the law. Your DUI case would be continued without a finding for one year. The judge would suspend your license for 45 days (consecutive with the six-month breath test refusal or 90-day failure suspension), and you would pay a number of fees and fines. The conditions of your probation would be that you attend and complete the alcohol education program.