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25+ Years in Lake County

Former DUI Prosecutor

Work with a Former Lake County DUI Prosecutor to Defend Your Lake County First-Time DUI Case at the Downtown Waukegan Courthouse

The HoffmanLaw Office defends drivers charged with driving while under the influence of alcohol ["DUI"] in Lake County, Illinois.

My name is attorney Matt Hoffman. I've been working on Lake County DUI cases for more than 25 years.

I spent six years prosecuting DUI charges as an Assistant State's Attorney in the Lake County State's Attorney's Office in Waukegan. I've spent more than twenty years defending drivers against Lake County DUI charges ever since.

Lake County DUI charges are prosecuted at the main Lake County courthouse buildings, at either 301 Washington Street or 18 North County Street in downtown Waukegan, Illinois. Call The HoffmanLaw Office at (847) 587-5000 for a free consultation.

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Most Illinois DUI Charges Involve Alleged "First Offenders"

Illinois law governs Lake County, Illinois DUI cases. However, as a DUI defense attorney, I defend drivers only in the Lake County, Illinois court system. So, my focus throughout this page will be on defending drivers charged with Lake County DUIs.

Many drivers I defend in Lake County DUI courtrooms were never previously charged with DUI.

In fact, according to the Office of the Illinois Secretary of State ["Secretary of State"], "87% of all drivers arrested for DUI are first offenders."¹

Many people charged with a Lake County DUI have never before been charged with any crime. Even a first-time DUI charge, however, can have a long-lasting negative impact.

I understand that being charged with DUI can be one of the most stressful experiences of a person's life, especially when it's the first time you've ever been charged with any criminal offense. That stress is something I take seriously in every case I handle.

If you've been charged with DUI in Lake County, Illinois, and you're looking for an attorney who's spent more than 25 years working on Lake County DUI cases- first as a prosecutor, then as a defense lawyer- feel free to contact me at (847) 587-5000 to discuss your case.

Attorney Defending First-Time, Alcohol-Based Lake County DUI Charges at the Waukegan Courthouse

Now, let's start by walking through some of the major aspects of a Lake County DUI prosecution.

We'll give the most focus throughout the following discussion to this particular Lake County, Illinois DUI scenario:

•   (1) the driver is charged with an alcohol-based DUI, and

•   (2) this is the first time the driver's been charged with DUI in her or his life.

In the following, we'll cover some of the: potential penalties for this type of DUI, consequences of a DUI conviction (including mandatory driver's license revocation), general effects of "court supervision" or dismissal of the charge, issues pertaining to the "statutory summary suspension" of an Illinois driver's license or driving privileges, and aspects of the "monitoring device driving permit ("MDDP").

Driving While Under the Influence of Alcohol is a Crime in Illinois

In Illinois, there's no such thing as a non-criminal DUI charge. Therefore, a driver charged with even a first-time DUI in Lake County, Illinois, is charged with a crime.

Most first-time DUI charges are punishable as class A misdemeanors. Very basically, a class A misdemeanor is a criminal offense punishable by up to a $2500 fine and up to 364 days in jail.²

There are also many different types of Illinois felony DUI charges. Generally, felony DUI charges arise in cases where the driver has a requisite number of prior DUIs, or where any array of aggravating factors apply in the case.

By far, however, the overwhelming majority of Lake County first-time DUI charges are prosecuted as class A misdemeanor offenses.

If a driver is convicted of a Lake County DUI, that person is convicted of a criminal offense.

Seven Different Types of Lake County DUI Charges Prosecuted at the Waukegan Courthouse

Under Illinois law, a DUI charge may be based on driving or being in actual physical control of a vehicle. There are seven different bases for an Illinois DUI charge, each focusing on a different type or measure of intoxication or substance impairment.³

The most common Illinois DUI charge alleges driving "while under the influence" of alcohol- a broad charge that focuses on whether alcohol impaired the driver's ability to operate a vehicle safely.

A second type of Illinois DUI charge alleges driving with a breath, blood or other bodily substance alcohol concentration (BAC) of 0.08 or higher.

In a first-time DUI case based on alleged alcohol intoxication, it's common for the driver to be charged with both of these versions of DUI.

The remaining five types of Illinois DUI charges involve intoxicating compounds, drugs, controlled substances, cannabis (THC), or some combination of drugs or intoxicating compounds and alcohol.

The discussion below focuses mostly, although not exclusively, on the two alcohol-based DUI charges described here, which account for the vast majority of Lake County DUI cases.

A Lake County DUI Conviction will Trigger an Illinois Driver's License Revocation

If a driver is convicted of a Lake County DUI, the Secretary of State will revoke that driver's license, permit, or driving privileges.⁴

Let's focus on what this DUI revocation would mean for an Illinois driver's license holder.

Once revoked, the driver is not entitled to have the license renewed or restored, and the revocation remains in effect indefinitely.⁵

The Path Back: Reinstatement and the Restricted Driving Permit

However, a Lake County driver whose Illinois driver's license has been revoked for a first DUI conviction is not permanently barred from driving.

That driver may apply for a new license after the expiration of one year from the effective date of the revocation. This process often is referred to as "reinstatement."

The Secretary of State will not reinstate an Illinois license revoked for DUI unless the driver then successfully completes a hearing with that Office.

During the revocation period, a driver may be eligible to apply for a restricted driving permit ("RDP").⁶ An RDP is a limited driving permit issued at the discretion of the Secretary of State, and only if certain statutory requirements are met.

For drivers convicted of a second or subsequent DUI, the mandatory revocation periods are significantly longer.

Court Supervision for a Lake County Illinois DUI

The previous Sections described what happens when an Illinois driver's license holder is convicted of a Lake County DUI at the main Lake County courthouse in Waukegan: conviction of a crime, mandatory revocation of the driver's license, and with no right to have it fully reinstated during the revocation period.

But a conviction is not the only possible outcome in a Lake County DUI case. For a driver facing a first-time DUI charge, an important alternative outcome is "court supervision."

Court supervision is not a conviction.⁷

When a court enters an order of supervision in a Lake County DUI case, it defers further proceedings and does not impose a sentence of conviction. Because there is no conviction, the mandatory driver's license revocation that follows a DUI conviction does not apply.

This is a critical distinction. A driver who successfully completes court supervision for DUI avoids a criminal conviction and avoids the mandatory revocation of his or her driver's license.

Nevertheless, Illinois law limits the availability of court supervision for DUI.

Who is Eligible for Court Supervision - and Who Is Not

Also, even when a driver is eligible for court supervision, it is never guaranteed. The decision to grant or deny court supervision always rests within the discretion of the court.

A driver is not eligible for court supervision for DUI if the driver has any prior DUI conviction, any prior DUI supervision, or has previously pled guilty to or stipulated to reckless driving where that plea or stipulation was the result of any plea agreement.⁸

This means court supervision for DUI is available only once in a driver's lifetime; and that's one of the most important reasons why a first-time DUI charge always must be taken seriously.

If a driver is placed on court supervision for DUI, court supervision will not be available for a subsequent DUI charge. And if that same driver instead is convicted of DUI, the consequences- including a criminal conviction and mandatory license revocation- are severe and long-lasting.

Dismissal and the Right to Trial in Waukegan DUI Court

Court supervision is one possible outcome for a driver facing a first-time Lake County DUI charge. But it's not the only alternative to a conviction.

Any driver charged with DUI is presumed innocent of the charge and has the right to a trial.

This right to trial, whether before a judge or jury, is a fundamental protection under both United States and Illinois law. At trial, the burden of proof always is on the prosecution. The prosecution must prove every element of the DUI charge beyond a reasonable doubt.

If the prosecution fails to meet that burden, the charge must be dismissed.

A driver charged with DUI, known as the "defendant" in a DUI case, never is required to prove his or her innocence. The defendant does not have to present any evidence or testimony.

These bedrock protections highlight why the outcome of a DUI case never is certain at the moment of the DUI arrest.

They also mean that when a Lake County DUI charge is not resolved through negotiation between the defense and the prosecution, the ultimate method of resolving the charge is by trial.

I have more than 25 years of trial experience, including complex felony trial practice, in Lake County, Illinois circuit court. I am a trial lawyer.

Statutory Summary Suspension in a Lake County DUI Case

So far, we've reviewed various aspects of a Lake County DUI charge. We've seen that such a charge can be brought in a number of different ways and gives rise to a criminal prosecution against the driver.

We've learned that a conviction for DUI will cause the revocation of an Illinois driver's license. And we've reviewed alternative courtroom outcomes, including court supervision and outright dismissal.

But there's very frequently another MAJOR issue that arises in a Lake County DUI case.

When a driver is arrested for DUI in Illinois, not only does the driver face the criminal DUI prosecution, but in most cases the driver also is subject to a civil driver's license suspension known as the "statutory summary suspension."⁹

A statutory summary suspension is an automatic administrative action taken against the driver's license or driving privileges by the Secretary of State.

It's triggered by the driver's "refusal" to submit to or "failure to complete" chemical testing, or by the driver's submission to testing that discloses an alcohol concentration of 0.08 or greater or the presence of other prohibited substances.

There's a lot more to understand about the statutory summary suspension, including where it comes from, how long it lasts, how it can be challenged in the same Lake County courtroom where the DUI charge is heard, and what options a driver may have to keep driving while the suspension is in effect.

We'll address each of these issues in the Sections that follow.

Statutory Summary Suspension Arises from Illinois' "Implied Consent" Rules

Under Illinois law, anyone who drives or is in actual physical control of a motor vehicle on a public highway is deemed to have given consent to chemical testing of their blood, breath, other bodily substance, or urine upon arrest for DUI. This is known as "implied consent."

When a driver is arrested for DUI, the arresting officer will request that the driver submit to chemical testing. The officer is required to warn the driver of the consequences of both refusing the test and failing the test.

If the driver refuses to submit to or fails to complete testing, the officer will submit a sworn report to the circuit court and the Secretary of State, and the driver's privilege to operate a motor vehicle will be summarily suspended.

Alternatively, if the driver submits to testing and the results show a blood-alcohol concentration of 0.08 or greater- or the presence of certain other prohibited substances- the officer likewise will submit a sworn report and a statutory summary suspension will be imposed.

At the time of arrest, the officer will confiscate the driver's Illinois driver's license or permit and issue a receipt that allows the driver to continue driving for a temporary period. The statutory summary suspension takes effect 46 days after the driver is given notice of the suspension.

Statutory Summary Suspensions Last for Different Lengths of Time

The length of the statutory summary suspension depends on two things: whether the driver is a "first offender" or a non-first offender under the summary suspension law, and whether the driver failed, or refused or failed to complete chemical testing.¹⁰

Under the summary suspension law, generally, a "first offender" is a driver who has no prior conviction or court supervision for DUI, and no prior statutory summary suspension or revocation within the five years before the date of the alleged current offense.¹¹

There are other scenarios that block a driver from treatment as a "first offender." However, in my experience over more than 25 years in Lake County DUI courts, the two described here are those that arise most commonly.

Suspension Lengths: First Offender vs. Non-First Offender

For a "first offender," the suspension is six months for failing chemical testing and twelve months for refusing or failing to complete it. For a non-first offender, the suspension is one year for failing chemical testing and three years for refusing or failing to complete it.

As a reminder, in an alcohol-only Lake County DUI case where a chemical breath test is the means employed in determining the driver's BAC, "failing" that test means "blowing" a 0.08 or over.

Different Charging and Statutory Summary Suspension Scenarios in a First-Time DUI Case in Lake County

Now that we've reviewed the general statutory summary suspension rules, let's take a closer look at how those rules would apply to a Lake County driver who's never before been charged with DUI in her or his life, who's never before had a statutory summary suspension or revocation, but who's now been arrested and charged with an alcohol-only-based DUI.

Regarding the imposition of the statutory summary suspension and the types of DUI charges issued, generally there are three scenarios I see as a practicing attorney in Lake County DUI court.

These are my practice observations based on patterns I've seen over decades working in the Waukegan DUI courtrooms.

Scenario One: Driver Submits to Testing and BAC is 0.08 or Over

First, if the driver submits to chemical breath testing, and the BAC result is 0.08 or over, then the driver's statutory summary suspension will be for six months.

In this case, this driver will be charged with two versions of DUI: driving while under the influence of alcohol and driving with a BAC of 0.08 or over.

Scenario Two: Driver Refuses or Fails to Complete Chemical Testing

Second, if the driver instead refuses or "fail[s] to complete" chemical breath testing, then the driver's statutory summary suspension will be for 12 months.

In this case, the driver will be charged with one version of DUI: driving while under the influence of alcohol. There will not be a second DUI charge based on a BAC of .08 or over, because here the police did not obtain a chemical breath sample.

Scenario Three: Driver Submits to Testing and BAC is Under 0.08

In a third scenario, if the driver submits to chemical breath testing, and the BAC result is under 0.08, then a statutory summary suspension will not occur.

This is because in the specific alcohol-only scenario we're considering here, the statutory summary suspension is triggered by one of two things- the driver "blowing" a 0.08 or over, or the driver refusing to blow or "failing to complete" chemical breath testing.

This third driver still may be prosecuted on a general DUI charge based on driving while under the influence of alcohol.

And for the sake of clarity, the "chemical breath test" "device" or "machine" referenced here is the machine used at the police station- usually in the booking room- and is never the small, portable, hand-held device the police use out on the street, often at the end of field sobriety tests.

You may have heard that latter referred to as a "portable" or "preliminary" breath testing device, or as a "PBT."¹²

Petition to Rescind Statutory Summary Suspension in a Lake County DUI Case

Does a driver facing an impending statutory summary suspension have any right to challenge that suspension in court? The answer is, "Yes."

Just as Illinois law establishes the statutory summary suspension, Illinois law also provides the right to challenge it.¹³

In Lake County, this is done by filing what's known as a "petition to rescind the statutory summary suspension" with the court presiding over the DUI case. The petition must be filed within 90 days after the notice of statutory summary suspension is served on the driver.

It's important to understand that filing the petition does not automatically stop the statutory summary suspension from taking effect on the 46th day after notice is given.

However, if the court grants the petition to rescind- whether before or after the 46th day- the suspension will be thrown out entirely.

In plain terms, a petition to rescind challenges whether the police followed the rules- from the arrest itself, to the warnings given to the driver, to the administration of chemical testing.

The issues that may be raised at the hearing are specifically defined by statute and are narrow. If the court finds that proper procedures were not followed, it has the authority to rescind the statutory summary suspension.

The Burden of Proof in a Petition to Rescind Hearing

The burden of proof in a petition to rescind hearing rests on the driver, also known as the "petitioner" in that proceeding.

This is the opposite of the burden of proof in the criminal DUI case, where the burden always rests on the prosecution to prove the charge(s) beyond a reasonable doubt.

Just as I have more than two-and-a-half decades of combined prosecution and defense experience with Lake County DUI charges, so too do I have that same amount of experience with issues involved with statutory summary suspensions.

Monitoring Device Driving Permit ("MDDP")

If the statutory summary suspension is not rescinded and therefore remains in effect, the driver still may have an option to minimize the disruption to her or his driving privileges during the suspension period.

For many drivers charged with DUI in Lake County, Illinois law provides what's known as a "Monitoring Device Driving Permit," or "MDDP."¹⁴

The MDDP allows a "first offender" to drive during the statutory summary suspension period, provided that the driver's vehicle is equipped with a Breath Alcohol Ignition Interlock Device- commonly known as a "BAIID."

The driver must install the BAIID within 14 days of the date the Secretary of State issues the MDDP, and the driver bears the cost of installation and maintenance (unless the driver establishes indigence).

With an MDDP in place, the driver may drive for any purpose and at any time, as long as the vehicle is equipped with a BAIID. However, the driver may not drive a commercial motor vehicle under an MDDP.

When the MDDP is Not Available

The MDDP is not available to a "first offender" in all cases.

An MDDP is not allowed if the driver's license is otherwise invalid, if the arrest involved a crash resulting in death or great bodily harm, if the driver has a prior conviction for reckless homicide or aggravated DUI involving death, or if the driver is under 18 years of age.

Also, an MDDP comes with strict compliance requirements. If the driver tampers with the BAIID or registers breath samples showing prohibited blood alcohol levels, the statutory summary suspension period can be extended.

An MDDP is not issued by the court in the Lake County DUI case. It's issued instead by the Secretary of State.

Statutory Summary Suspension Reinstatement Fee

When the statutory summary suspension period ends, the driver's license or driving privileges are not automatically restored.

The driver must pay a reinstatement fee to the Secretary of State.¹⁵ If the fee is not paid, the statutory summary suspension remains in effect indefinitely.

Statutory and Other Sources:

1. 2025 Illinois DUI Fact Book, p. 10. For the precise statutory definition of "first offender," See, 625 ILCS 5/11-500.   2. 730 ILCS 5/5-4.5-55.   3. 625 ILCS 5/11-501.   4. 625 ILCS 5/6-205(a)(2).   5. 625 ILCS 5/6-208(b).      6. 625 ILCS 5/6-205(c)(1).   7. 730 ILCS 5/5-6-1(c).   8. 730 ILCS 5/5-6-1(d)(1),(2) and (3).   9. 625 ILCS 5/11-501.1.   10. 625 ILCS 5/6-208.1.   11. 625 ILCS 5/11-500.   12. See, 625 ILCS 5/11-501.2 on "Chemical and other tests," and 625 ILCS 5/11-501.5 on "Preliminary Breath Screening Test."   13. 625 ILCS 5/2-118.1.   14. 625 ILCS 5/6-206.1.   15. 625 ILCS 5/6-118(b).