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First Things First: What to Do After a DUI Arrest

Posted on in DUI Defense

Illinois DUI lawyerWhen someone gets arrested for driving under the influence (DUI), what is the first thing they should do when they get home? Most people have no idea, and understandably so. But when a DUI arrest happens to you or someone you care about, getting the right information quickly is imperative. You may be shocked. You may be fearful. But when a DUI arrest happens, you cannot afford to be misinformed or to delay action. The sooner you start preparing your DUI defense, the better. Here are three critical steps you should take within a day or two of your arrest.

Step 1: Make Note of Your Court Date

Your first court date, also called the arraignment date, will be shown on the traffic ticket issued to you by the arresting officer. Your court date and location will also be shown on your bond slip.

In DuPage County, which is covered by the Eighteenth Judicial Circuit Court, arraignment dates should be at least 26 days but not more than 42 days from the date of arrest. In other words, you have only about one month to prepare.

You will want to make sure you consult an attorney well before your court date. This will give your attorney the necessary time to investigate all aspects of your case and determine the best legal strategy.

Step 2: Review the Conditions of Your Release on Bond

When you are bonded out of jail, you will be given a bond slip which specifies the conditions of your release. If you fail to comply with these conditions, your bond could be revoked and you could be held in jail until your case is concluded.

Bond conditions can vary from county to county and case by case. One typical condition is that, until your case is concluded, you may not leave the state of Illinois without the court’s permission. If you need to travel out of state for work, family needs, or a previously planned vacation, the court will usually give you permission. But you must remember to ask the court for permission in advance, and permission to travel will be granted only for specific dates and locations. The judge may require you to explain why a trip is necessary and to provide documentation such as airline or hotel reservations.

Step 3: Act to Protect Your Driving Privileges

Following an arrest for DUI, the offender is typically taken to a police station and asked to submit to chemical testing for intoxication, the most common being a breathalyzer test. Under Illinois law, anyone who fails or refuses to submit to post-arrest chemical testing will have their driver’s license suspended for a period ranging from six months to three years.

If you fail or refuse testing, the arresting officer will give you a Notice of Statutory Summary Suspension. This form will show the reasons you were arrested on suspicion of DUI, your chemical test results, and the length of your suspension. This suspension automatically goes into effect on the 46th day after the arrest.

You may contest the Statutory Summary Suspension by filing a petition with the circuit court within 90 days of your arrest. An experienced DUI attorney can assist you in this process.

DUI Defense Attorneys in the Oakbrook, Illinois Area

If you have been charged with DUI in DuPage County, you have a limited window of time to prepare for your first court appearance and to contest the suspension of your driver’s license. It’s essential to contact an experienced DuPage County DUI defense attorney as soon as possible to understand your options and develop a plan of action. For a free consultation, call 630-953-4400. Evening and weekend hours are available.

 

SOURCES:

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.dupageco.org/Courts/LocalCourtRules/2690/

 

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