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Chicago DUI/DWI Defense Attorneys

Don't Let a DUI Destroy Your Life

Illinois DUI penalties are severe—but charges can be fought. We've helped over 2,000 clients protect their licenses, their jobs, and their futures.

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Understanding DUI/DWI Defense

A DUI arrest in Illinois can feel like the end of the world. Your license is at risk, your job may be on the line, and you're facing potential jail time. But a DUI arrest is not a DUI conviction. Our experienced DUI defense attorneys know how to challenge every aspect of your case—from the initial traffic stop to the breathalyzer results.

DUI/DWI Defense Charges We Handle

First-Time DUI

misdemeanor

Class A Misdemeanor with up to 1 year in jail

Second DUI

misdemeanor

Class A Misdemeanor with mandatory jail time

Third DUI (Aggravated)

felony

Class 2 Felony with 3-7 years in prison

DUI with Injury

felony

Aggravated DUI causing bodily harm

DUI with Minor

felony

Enhanced penalties for child passengers

Commercial DUI

varies

Lower BAC threshold, CDL consequences

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Illinois DUI/DWI Defense Penalties

These are the potential consequences you face. We fight to reduce or eliminate them.

First DUI (Class A Misdemeanor)

Jail/Prison:Up to 1 year (probation eligible)
Fines:Up to $2,500 + court costs
1 year license revocation
Possible BAIID device
SR-22 insurance required

Second DUI (Class A Misdemeanor)

Jail/Prison:5 days mandatory or 240 hours community service
Fines:Up to $2,500 + court costs
5 year license revocation
BAIID required
Alcohol evaluation mandatory

Third DUI (Class 2 Felony)

Jail/Prison:3-7 years in state prison
Fines:Up to $25,000
10 year license revocation
Felony on permanent record
Loss of voting rights while incarcerated

Common Defense Strategies

Every case has potential defenses. Here's how we challenge dui/dwi defense charges.

Invalid Traffic Stop

Police must have reasonable suspicion to stop you. If the stop was illegal, all evidence may be suppressed.

Breathalyzer Accuracy

Breathalyzer machines require regular calibration. Improper maintenance can lead to false readings.

Field Sobriety Test Errors

Officers must follow strict protocols. Improper administration can invalidate test results.

Rising Blood Alcohol

Your BAC may have been legal while driving but rose by the time you were tested.

Medical Conditions

GERD, diabetes, and other conditions can cause false positive breathalyzer results.

Chain of Custody

Blood samples must be properly collected, stored, and tested. Breaks in the chain can exclude evidence.

These are just starting points. Your specific case may have unique defense opportunities.

Discuss Your Defense Options
Video Guide

Understanding DUI/DWI Defense in Illinois

Watch Attorney Castellano explain dui/dwi defense charges, potential penalties, and how we build winning defense strategies.

  • What prosecutors must prove
  • Common weaknesses in these cases
  • What to expect in your case
Watch More Videos
HeyGen AI Video3:45

Illinois Law: Key Statutes

625 ILCS 5/11-501

Defines DUI as operating a vehicle with BAC of 0.08% or higher, or while impaired by drugs/alcohol.

625 ILCS 5/11-501.1

Implied consent law requiring chemical testing or facing automatic license suspension.

625 ILCS 5/6-208.1

Statutory summary suspension procedures and hearings.

This is general information only. Consult with an attorney about how these laws apply to your specific case.

DUI/DWI Defense Case Results

Real results for clients facing similar charges. Every case is different, but these outcomes show what's possible.

DISMISSED

DUI - BAC 0.18

Breathalyzer suppressed due to calibration issues

REDUCED

Aggravated DUI (3rd)

Felony reduced to misdemeanor, no prison time

NOT GUILTY

DUI with Accident

Officer failed to establish probable cause for stop

View All Case Results

Frequently Asked Questions: DUI/DWI Defense

Will I lose my license after a DUI arrest?
Your license will be suspended automatically under Illinois' implied consent law if you fail or refuse chemical testing. However, you have the right to challenge this suspension at a hearing. With proper legal representation, you may be able to obtain a Monitoring Device Driving Permit (MDDP) or challenge the suspension entirely.
Can I refuse a breathalyzer test?
You can refuse, but there are consequences. Under Illinois' implied consent law, refusing a breathalyzer results in an automatic 12-month license suspension (vs. 6 months for failing). However, refusing may limit the evidence against you. Each case is different—call us to discuss your specific situation.
How long does a DUI stay on my record?
In Illinois, DUI convictions are permanent and cannot be expunged or sealed. A DUI will remain on your driving record and criminal record forever, which is why fighting the charges aggressively is so important.
What is a statutory summary suspension?
This is an automatic license suspension that takes effect 46 days after your DUI arrest if you failed chemical testing (BAC 0.08+) or refused testing. You have the right to petition for a hearing to challenge this suspension within 90 days of the notice.
Can a DUI be reduced to reckless driving?
Yes, in some cases we can negotiate a reduction to reckless driving or other lesser charges. This depends on factors like your BAC level, driving record, and circumstances of the arrest. A reduced charge can mean avoiding a DUI on your permanent record.

Related Practice Areas

Drug CrimesWeapons ChargesView All Practice Areas →

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