McMahon Law Offices
Facing a DUI charge in DuPage County? Get a former prosecutor who knows how the state builds DUI cases and how to beat them. Call for a free case review.
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“Every DUI stop has a story. We read the police report, the dashcam, the breathalyzer logs. That’s where cases get won.”
— Mike McMahon, Former DuPage County ProsecutorOverview
McMahon Law Offices provides experienced, aggressive DUI defense to those charged in DuPage County.
A DUI charge can cost you your license, your job, and your freedom. We handle the fight.
We fight to get DUI charges dismissed, reduced, or beaten at trial. We challenge traffic stops, field sobriety tests, chemical testing procedures, and every piece of evidence the prosecution uses against you.
Illinois DUI Charges
| Charge | Classification | |
|---|---|---|
First Offense DUI A first DUI in Illinois is a Class A misdemeanor. No mandatory jail time, but court supervision is available for first offenders only. 625 ILCS 5/11-501 |
Class A Misdemeanor | |
Second DUI Offense Mandatory minimum 5 days jail or 240 hours community service. Court supervision is no longer available. License revocation is automatic. 625 ILCS 5/11-501 |
Class A Misdemeanor | |
Third DUI Offense Automatic Class 2 felony. 3 to 7 years in prison and mandatory 10-year license revocation. No supervision or conditional discharge available. 625 ILCS 5/11-501(d)(1)(A) |
Class 2 Felony | |
Aggravated DUI DUI elevated to a felony for reasons including 3rd+ offense, causing injury, child passenger, no valid license, or school zone. Covers multiple aggravating scenarios. 625 ILCS 5/11-501(d) |
Class 4 to Class X Felony | |
Drug DUI Driving while impaired by controlled substances or prescription medication. Includes cannabis, opioids, and any drug affecting driving ability. 625 ILCS 5/11-501(a)(4) |
Class A Misdemeanor | |
Marijuana / Cannabis DUI Illinois has a per se THC limit for drivers. Cannabis is legal in Illinois, but driving with THC above the limit — or while impaired — is a criminal offense. 625 ILCS 5/11-501(a)(7) |
Class A Misdemeanor | |
Underage DUI (Zero Tolerance) Any detectable amount of alcohol for drivers under 21 triggers zero tolerance suspension and criminal charges — even below the 0.08 legal limit. 625 ILCS 5/11-501.8 |
Class A Misdemeanor | |
DUI Causing Bodily Harm DUI resulting in injury to another person is automatically elevated to aggravated DUI with enhanced prison time and mandatory minimums. 625 ILCS 5/11-501(d)(1)(C) |
Class 4 Felony | |
CDL / Commercial Driver DUI Commercial drivers face a lower BAC limit of 0.04 and stricter consequences. A DUI conviction can permanently end a commercial driving career. 625 ILCS 5/6-514 |
Class A Misdemeanor | |
Breathalyzer / Chemical Test Refusal Refusing a breath, blood, or urine test triggers an automatic 12-month statutory summary suspension for a first offense — separate from any criminal DUI charge. 625 ILCS 5/11-501.1 |
Administrative Penalty | |
Statutory Summary Suspension Automatic license suspension triggered by failing or refusing a chemical test. Separate from your criminal case — must be challenged within 90 days of arrest. 625 ILCS 5/11-501.1 |
Administrative Penalty | |
DUI License Suspension A DUI conviction in Illinois results in mandatory license revocation. Length depends on offense number and BAC. We fight to protect your driving privileges. |
Administrative Penalty | |
BAIID / Monitoring Device Driving Permit A Breath Alcohol Ignition Interlock Device (BAIID) may be required to drive during suspension. We help clients navigate MDDP and RDP requirements. |
Administrative Requirement | |
DUI Expungement DUI convictions cannot be expunged in Illinois — but arrests without conviction may be eligible. We help clients clear their records where the law allows. |
Record Relief |
DUI Case Results
Every result below is a real DUI case handled in DuPage County.
Why McMahon Law Offices
Experience on both sides of the DUI courtroom gives our clients a decisive edge.
DCBA Member
Top 100 Trial Lawyers
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IPBA Member
Avvo Rating 10.0
5-Star ReviewsMike McMahon prosecuted DUI cases for the state. He knows how they build the evidence, what they fear losing, and when they are bluffing.
Judge Pierce spent years on the bench deciding DUI cases. He knows every judge in DuPage County personally and what arguments land in each courtroom.
The traffic stop. The field sobriety test. The breathalyzer calibration. The blood draw procedure. We find the vulnerabilities the prosecution hopes you miss.
Your license is at risk the moment you are arrested. We file to contest the statutory summary suspension within the 90-day window so you keep driving while your case is pending.
500+ DUI cases in DuPage County courts. Every prosecutor, every judge, every clerk. Those relationships benefit your case from day one.
DUI arrests don’t follow business hours. Call us anytime. Nights, weekends, holidays. 630-953-4400.
How To Get Started
A simple, straightforward process from your first call to your first court appearance.
Call us or fill out our contact form. The sooner we start, the more options you have. Your 90-day license suspension deadline is already running.
Tell us everything about the stop, the arrest, the tests, and the charges. We need every detail to find the weaknesses in the state's case.
We review police reports, dashcam footage, breathalyzer maintenance records, and every piece of evidence. We file motions and challenge the state's case.
Dismissal, reduced charges, not guilty verdict, or the most favorable resolution possible. We handle everything so you can get back to your life.
Your DUI Defense Team
A former prosecutor who built DUI cases and a retired judge who decided them.
Areas We Serve
We defend DUI charges throughout DuPage County and neighboring Illinois counties.
2150 McDonald Dr Suite 1608
Oak Brook, IL 60523
Available for in-person case reviews upon request. We defend DUI cases in all of DuPage County and neighboring counties throughout Illinois.
Do not make any statements to police beyond your name and basic identifying information. Do not consent to additional searches. Call an attorney immediately. You have 90 days from your arrest to challenge your statutory summary suspension, and your first court date is almost always scheduled after that deadline. The earlier you call, the more options we have to protect your license and your record.
Yes. DUI charges are dismissed regularly when the traffic stop lacked reasonable suspicion, when field sobriety tests were improperly administered, when the breathalyzer was not properly calibrated or maintained, or when blood draws violated proper procedures. Every DUI case has potential vulnerabilities. Our job is to find them.
If you fail a chemical test (BAC of 0.08 or higher), your license is automatically suspended for 6 months on a first offense. If you refuse the test, the suspension is 12 months. This is called a statutory summary suspension and it is separate from your criminal case. You have 90 days to petition the court to rescind the suspension. A monitoring device driving permit (MDDP) may allow you to drive during the suspension with a breath alcohol ignition interlock device.
A first DUI in Illinois is a Class A misdemeanor carrying up to 364 days in jail and fines up to $2,500. You also face a 6 to 12 month license suspension, mandatory alcohol evaluation, and possible community service. First-time offenders may be eligible for court supervision, which avoids a conviction on your record if you complete all requirements. A BAC of 0.16 or higher triggers enhanced mandatory minimums including 100 hours of community service.
A first or second DUI in Illinois is typically a Class A misdemeanor. A third DUI is automatically a Class 2 felony carrying 3 to 7 years in prison. A DUI can also be elevated to a felony on a first or second offense if it involves a crash causing great bodily harm, driving without a valid license, no insurance, a child passenger under 16, or driving in a school zone. Felony DUI carries mandatory prison time and license revocation.
There is no simple answer. Refusing the breathalyzer triggers a 12-month license suspension (versus 6 months for failing). However, it also means the state has less direct evidence of your BAC. Each situation is different. What matters most is that you call an attorney immediately after your arrest so we can evaluate your specific circumstances and advise you on next steps.
Most first-offense DUI cases in DuPage County resolve within 3 to 6 months. Cases involving felony charges, accidents, or contested evidence can take 6 to 12 months or longer. If the case goes to trial, add additional time for jury selection and proceedings. We give you a realistic timeline at your free consultation based on your specific charges and circumstances.
No. DUI convictions in Illinois cannot be expunged or sealed. This is one of the most important reasons to fight a DUI charge aggressively from the start. If your case is dismissed or you are found not guilty, the arrest record may be eligible for expungement. If you receive court supervision (not a conviction), the record may be eligible for expungement after a waiting period. Avoiding a conviction is always the best outcome.
Resources
Guides written to help you understand your DUI charges, rights, and options.
Get Started
Submit a contact form or call us to schedule your free DUI case review. Your 90-day license deadline is already running.
Your information is confidential and protected by attorney-client privilege. We will never share your information.
