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.

DUI Breath Test Refusal in Illinois Traffic Stop

Reader’s Question:

I was charged with DUI here in Illinois two days ago. I refused to take any blood alcohol test. I was advised by a friend about the 10-day rule before they could even suspend my license. What happens if I am unable to do this?

Lisa

Chicago, IL

Thanks for asking, Lisa.

In the state of Illinois, if the driver refused to a blood alcohol test, or if submitted and have a breathalyzer result of 0.08 or higher for age 21 or more, .04 or higher if driving a commercial vehicle, or .02 or higher if under age 21, the state will attempt to suspend your license for one to five years. In most case, this attempt to take away your right to drive will occur before trial. This would be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of your arrest.

You will have an administrative driver’s license suspension for one to five years before you even go to trial on your DUI offense if you don’t request a hearing. You have a fighting chance to keep driving until your DUI case comes to court if you were able to request the hearing.