Step 1: Contact an Experienced DUI Attorney Immediately

Time is your enemy in DUI cases – every hour you wait makes your defense harder.

Call an experienced DUI lawyer right away, even if it’s the middle of the night or weekend. Many firms answer emergency lines 24/7 because DUI arrests don’t wait for business hours. Don’t delay until Monday morning if you were arrested on a Friday night – critical deadlines and evidence preservation start immediately.

Consider this scenario: Imagine someone gets arrested for DUI on Saturday night in Naperville but waits until Monday to call a lawyer. By then, the arresting officer has already written his report, and crucial details about the traffic stop are documented from the officer's perspective only.

Your attorney needs to act fast to protect your interests from the very beginning.

Step 2: Request Your Administrative Hearing Within 45 Days

Your driver’s license faces automatic suspension regardless of what happens in criminal court.

You have exactly 45 days from your arrest date to request a hearing with the Illinois Secretary of State to fight your license suspension. Miss this deadline, and your license gets suspended automatically – even if you win your criminal case. This administrative hearing is completely separate from your criminal court case and has different rules and procedures.

This hearing gives you a chance to keep driving while your criminal case proceeds through the courts.

Step 3: Don’t Discuss Your Case with Anyone Except Your Attorney

Anything you say can and will be used against you in court.

Police officers, jail staff, family members, friends, and even other inmates can be called as witnesses against you. Don’t talk about what happened, how much you had to drink, where you were coming from, or anything related to your case. The only person you should discuss your case with is your attorney, because those conversations are protected by attorney–client privilege.

Keep quiet and let your attorney do the talking from now on.

Step 4: Document Everything You Remember About Your Arrest

Write down every detail while your memory is still fresh.

Record everything you remember about the traffic stop, field sobriety tests, and arrest process. Include what you ate that day, any medications you took, medical conditions you have, what the weather was like, and how the officers behaved. These details often become crucial for your defense, and memories fade quickly after stressful experiences like arrests.

Important details to document:

• What time you were stopped and where exactly
• The reason the officer gave for pulling you over
• What the officer said and did during the stop
• Any field sobriety tests you performed and the conditions
• Whether you took a breathalyzer test and when
• Any medical conditions or medications that might affect test results

Your attorney will use this information to identify potential defense strategies and constitutional violations.

Step 5: Gather Important Documents and Information

Collect paperwork and evidence that might help your defense.

Get copies of:

• Receipts from where you were that night
• Prescription medication bottles
• Medical records for any conditions that might affect breathalyzer results
• Contact information for any witnesses who saw what happened

For example, imagine a defendant who has acid reflux and takes medication that can affect breathalyzer results. Medical records and prescription bottles could help demonstrate that a breath test reading was artificially elevated due to the medical condition, not alcohol consumption.

The sooner you gather this evidence, the more helpful it will be for your case.

Step 6: Avoid Alcohol Completely While Your Case Is Pending

Any additional alcohol-related incidents will devastate your case.

Don’t drink any alcohol until your case is completely resolved. If you get arrested for any other offense while your DUI case is pending, prosecutors will use it against you. Even a minor incident can turn a winnable case into a conviction with serious consequences.

Consider a situation where someone gets arrested for DUI in Aurora and has a strong defense case, but then gets arrested for public intoxication at a sporting event three months later. The prosecutor could use this second arrest to argue that the defendant has an alcohol problem requiring a harsh sentence.

Stay completely clean while your case works its way through the system.

Step 7: Don’t Miss Any Court Dates or Deadlines

Missing court appearances can result in additional charges and arrest warrants.

What happens if you miss court:

• A warrant will be issued for your arrest
• You may face additional charges for failure to appear
• Your bond may be revoked and you could be arrested
• Your case will be much harder to resolve favorably

Write down all court dates and deadlines immediately. Set multiple reminders. If you can’t make a court date, call your attorney right away to request a continuance. Never skip court hoping the case will go away – it won’t.

Step 8: Begin Researching Treatment Options Early

Proactive steps toward addressing alcohol issues can help your case outcome.

Even if you don’t believe you have a drinking problem, completing a voluntary alcohol evaluation or treatment program shows the court that you’re taking the charges seriously. Many prosecutors are more willing to negotiate favorable plea deals when defendants show responsibility.

Suppose someone completes a voluntary alcohol education program before their court date. The prosecutor might offer court supervision instead of a conviction because the defendant showed initiative and responsibility.

Taking proactive steps often leads to better outcomes.

Common Mistakes to Avoid After DUI Arrest

Don’t make these errors that can hurt your case.

Never do these things:

• Don’t drive on a suspended license – this creates new charges
• Don’t post about your case on social media – prosecutors check these accounts
• Don’t try to contact witnesses yourself – let your attorney handle it
• Don’t accept the first plea offer without consulting an attorney
• Don’t represent yourself – DUI law is too complex for non-lawyers

Why Immediate Action Matters in DUI Cases

The steps you take in the first few days after your arrest often determine your case outcome.

Time-sensitive evidence includes:

• Police dashboard and body camera videos
• Breathalyzer machine maintenance and calibration records
• Witness statements and contact information
• Weather and road conditions at the time of your arrest
• Medical records that might explain test results

Quick action by your attorney can mean the difference between conviction and dismissal.

Get Emergency Help Now

Don’t face DUI charges alone when experienced help is available 24/7.

If you've been arrested for DUI in DuPage County, call McMahon Law Offices immediately at 630-953-4400. Our former prosecutor and judge have defended thousands of DUI cases and know exactly how to protect your rights from the moment you call. We offer free consultations and can begin working on your case immediately.

Time is critical in DUI cases - contact us now to start protecting your future.‍

Disclaimer: The examples on this page are hypothetical and provided for illustration purposes only. They are not predictions or guarantees of case outcomes. Every case is unique and depends on specific facts and circumstances. Past results do not guarantee future outcomes.