DUI Defense Attorney in Edwardsville, IL
An Edwardsville DUI lawyer can defend you against drunk driving charges while addressing the separate threat to your driver’s license.
A DUI arrest in Madison County can lead to a criminal case, a statutory summary suspension of driving privileges, and consequences for your employment and driving record.
At The Law Office of Dillon Borri, LLC, we represent clients facing DUI charges in Edwardsville, Illinois, and throughout the Metro East area.
Illinois DUI law provides several possible defenses, but the approach depends on the traffic stop, chemical testing, prior offenses, and other individual circumstances.
We carefully examine the prosecution’s case, explain deadlines that may affect your license, and prepare for negotiations or trial as the evidence warrants.
If you have been arrested, contact our law office for a free consultation about your options.
Why Choose Dillon Borri for DUI Defense in Edwardsville?
Dillon Borri is a former Assistant State’s Attorney for Madison County with first-chair trial experience in criminal and civil cases.
He grew up in Madison County, lives in Edwardsville, and serves on the boards of the Madison County and Alton-Wood River Bar Associations.
His work as a prosecutor provides insight into how the State reviews evidence and prepares criminal charges.
Our criminal defense practice approaches DUI cases with specific preparation rather than a standard argument for every client:
Local court experience: We account for Madison County procedures, filing deadlines, and how to present arguments to judges and prosecutors.
Trial preparation: We evaluate disputed evidence and prepare to contest issues in court, even when a negotiated resolution is possible.
Individual attention: We discuss how a DUI conviction may affect a client’s freedom, reputation, employment, and family obligations.
Clear advice: We explain possible defenses, penalties, and legal fees before important decisions are made.
Strong legal representation cannot guarantee dismissal or the best possible outcome in every case.
Our role is to protect clients’ rights and make informed decisions on their behalf.
What Constitutes DUI Under Illinois Law?
Under the Illinois DUI statute, 625 ILCS 5/11-501, a person can face DUI charges for driving or being in actual physical control of a vehicle while impaired by alcohol, drugs, or certain combinations of substances.
A blood alcohol concentration (BAC) of 0.08% or higher is an independent basis for a DUI charge, but prosecutors may also pursue a case below that level when other evidence supports impairment.
A DUI investigation may involve:
Driving behavior, statements, and officer observations suggesting alcohol impairment.
Breath or blood testing showing a BAC of 0.08% or higher.
Alleged impairment involving cannabis, prescription medication, or other drugs.
A chemical-test refusal, which can carry separate license penalties even without a conviction.
Commercial drivers face stricter rules, including a 0.04% alcohol threshold when operating a commercial motor vehicle.
Drivers under 21 are also subject to separate Illinois zero-tolerance alcohol rules, although a zero-tolerance violation is not automatically a criminal DUI conviction.
What Happens After a DUI Arrest in Edwardsville?
An Illinois DUI arrest may create two proceedings: a criminal charge decided in court and an administrative action affecting driving privileges.
The Illinois DUI court process can include an initial appearance, discovery, pretrial motions, plea discussions, and a trial.
Edwardsville DUI cases generally proceed through Madison County’s Third Judicial Circuit, with the county courthouse located at 155 North Main Street, Edwardsville, IL 62025.
Your ticket or court notice controls the specific location and schedule, and a license suspension can become effective before the judge decides the criminal charge.
Illinois Statutory Summary Suspension: The 46-Day Rule
If a driver refuses required chemical testing or submits to testing that meets the statutory grounds for suspension, the officer may issue a notice of statutory summary suspension.
The suspension generally begins on the 46th day after notice is given, not at the moment of arrest.
Under 625 ILCS 5/6-208.1, the standard suspension periods depend on the driver’s statutory first-offender status:
First offender, failed qualifying chemical test: Six-month license suspension.
First offender, test refusal: Twelve-month license suspension.
Non-first offender, failed qualifying chemical test: Twelve-month license suspension.
Non-first offender, test refusal: Three-year license suspension.
The administrative definition of a first offender is not necessarily the same as having no prior criminal DUI conviction.
Serious-injury and fatal crashes can involve additional statutory rules.
Edwardsville DUI cases generally proceed through Madison County’s Third Judicial Circuit, with the county courthouse located at 155 North Main Street, Edwardsville, IL 62025.
Your ticket or court notice controls the specific location and schedule, and a license suspension can become effective before the judge decides the criminal charge.
Petition to Rescind a License Suspension
A driver may challenge the suspension through a Petition to Rescind filed in the circuit court.
Under 625 ILCS 5/2-118.1, the petition must be requested in writing within 90 days after service of the suspension notice.
The statute requires a hearing within 30 days after the court receives the request or on the applicable first appearance date, subject to the governing procedures.
Filing the petition does not automatically delay the suspension.
The hearing addresses limited issues, including the legal basis for the arrest, required warnings, and whether qualifying testing or refusal occurred.
We review the officer’s sworn report, arrest paperwork, and recordings to determine whether grounds exist to challenge the suspension.
Under 625 ILCS 5/6-208.1, the standard suspension periods depend on the driver’s statutory first-offender status:
First offender, failed qualifying chemical test: Six-month license suspension.
First offender, test refusal: Twelve-month license suspension.
Non-first offender, failed qualifying chemical test: Twelve-month license suspension.
Non-first offender, test refusal: Three-year license suspension.
The administrative definition of a first offender is not necessarily the same as having no prior criminal DUI conviction.
Serious-injury and fatal crashes can involve additional statutory rules.
Edwardsville DUI cases generally proceed through Madison County’s Third Judicial Circuit, with the county courthouse located at 155 North Main Street, Edwardsville, IL 62025.
Your ticket or court notice controls the specific location and schedule, and a license suspension can become effective before the judge decides the criminal charge.
Can You Drive During a DUI Suspension?
Some eligible first offenders can obtain a Monitoring Device Driving Permit (MDDP) and drive with a Breath Alcohol Ignition Interlock Device (BAIID) installed in the vehicle.
Eligibility limits apply, and an MDDP does not authorize commercial motor vehicle operation.
A DUI attorney can also assist with applicable restricted driving permits or Illinois Secretary of State reinstatement hearings following a revocation.
What Are the Penalties for DUI in Illinois?
An ordinary first DUI offense without aggravating circumstances is generally a Class A misdemeanor.
A conviction can carry up to 364 days in jail and a $2,500 fine, plus applicable court costs and other requirements.
For a driver age 21 or older, a first DUI conviction also results in mandatory revocation of driving privileges for at least one year; reinstatement is not automatic.
|
Offense Type
|
Jail Time
|
Fines
|
License Suspension
|
|---|---|---|---|
|
1st DUI
|
Up to 1 year
|
Up to $2,500
|
6-12 months
|
|
2nd DUI
|
Up to 1 year
|
Up to $2,500
|
5 years
|
|
3rd DUI
|
3-7 years (felony)
|
Up to $25,000
|
10 years
|
First DUI Offense
A first offense can result in jail time, fines, alcohol evaluation or treatment requirements, and license consequences.
A BAC of 0.16% or higher creates additional mandatory penalties under Illinois law, and transporting a child can also change the sentencing requirements.
Eligible defendants may qualify for court supervision rather than a formal conviction, but supervision is not guaranteed.
Field tests are highly subjective. We scrutinize how they were conducted and whether they were influenced by poor weather, fatigue, medical conditions, or roadside distractions.
Second DUI Offense
A second DUI is generally a misdemeanor unless aggravating circumstances make it a felony.
Illinois imposes a mandatory minimum of five days in jail or 240 hours of community service for a second DUI conviction, along with other potential penalties.
Third or Subsequent DUI Offense
A third DUI is an aggravated DUI, generally classified as a Class 2 felony, with possible prison time and more severe license consequences.
Additional prior offenses can lead to higher felony classifications and increased penalties.
Other Aggravated DUI Charges
Certain cases involving serious injuries, deaths, children in the vehicle, or driving without a valid license can result in felony charges, sometimes even without earlier DUI convictions.
The exact classification depends on the qualifying facts and statutory provisions rather than the number of arrests alone.
If convicted, a driver can face higher car insurance premiums, additional costs for driving relief, lost job opportunities, and a permanent criminal record.
Illinois DUI convictions generally cannot be expunged or sealed. A criminal case and an administrative license suspension must be evaluated separately.
Can First-Time DUI Defendants Receive Court Supervision?
Some first-time DUI defendants are eligible for court supervision, which can allow a case to close without a formal conviction after all court-ordered conditions are completed.
Illinois generally limits DUI court supervision to once in a lifetime and excludes defendants with certain prior dispositions or aggravating circumstances.
Supervision does not erase the arrest or make a DUI supervision disposition eligible for ordinary expungement or sealing.
We assess whether supervision, a negotiated resolution, or trial is appropriate for the individual case.
How Can an Edwardsville DUI Attorney Challenge the Evidence?
An effective DUI defense starts with obtaining evidence and determining whether the prosecution can prove every element of the charge.
We may request dashcam and bodycam footage, police reports, dispatch records, testing documents, and witness information to identify procedural errors or weak points.
Legality of the Traffic Stop and Arrest
Police generally need a lawful basis to initiate traffic stops and probable cause for a DUI arrest.
We compare the stated reason for the stop with recordings and other evidence, then determine whether an unconstitutional stop or search supports a motion to suppress evidence.
A speeding ticket, other traffic violations, or alleged reckless driving may justify an initial stop, but none of them independently proves drunk driving.
Field Sobriety Test Conditions
Field sobriety tests may be affected by pavement conditions, lighting, weather, footwear, injuries, medical conditions, fatigue, or unclear instructions.
We examine whether officers administered the tests correctly and whether their reports match available video evidence.
Breathalyzer Calibration and Chemical Testing
Breath and blood tests must satisfy applicable Illinois procedural and evidentiary requirements.
A defense attorney should understand breathalyzer calibration, maintenance records, operator qualifications, observation requirements, collection procedures, and laboratory testing protocols.
Documented mistakes can create grounds to challenge a result, although a technical error does not automatically invalidate the evidence.
Conflicting Reports or Missing Evidence
We compare police narratives, timestamps, recordings, and witness accounts for inconsistencies that could affect credibility or reliability.
We also move to preserve potentially relevant records before routine retention policies make them harder to obtain.
Can DUI Charges Be Reduced or Dismissed?
A DUI defense lawyer may negotiate with prosecutors over reduced charges, sentencing recommendations, or other lawful plea agreements.
A negotiated reduction to reckless driving may be considered in some cases, but it requires prosecutorial and court approval and can still carry significant consequences.
Evidence obtained through unconstitutional conduct may be excluded, and other weaknesses in the prosecution’s case may justify further motions or trial.
We assess the evidence, prior record, and potential penalties before advising whether to negotiate or fight the charges in court.
Because a DUI stop may also produce a speeding ticket or other traffic offenses, our traffic ticket defense practice can address related violations when appropriate.
What Should You Do After Being Arrested for DUI?
Taking the following steps promptly can preserve defense options and reduce the risk of missing important deadlines:
Read your paperwork. Identify the court date, suspension notice date, and any reporting obligations.
Preserve evidence. Keep tickets and receipts, write down what happened during the stop, and identify potential witnesses.
Avoid public discussions. Social media posts or statements to other people may complicate the defense.
Speak with a DUI attorney quickly. Review whether a Petition to Rescind should be filed and what other deadlines apply.
Follow all driving restrictions. Confirm your license status and attend required court appearances.
For clients dealing with multiple charges, our Edwardsville criminal defense practice provides a full range of representation for related criminal matters.
How Do You Choose a DUI Lawyer in Madison County?
When choosing a DUI defense attorney, ask about trial experience, familiarity with Madison County court procedures, and experience handling both DUI charges and statutory summary suspension proceedings.
Legal directories and Illinois attorney-registration records can help verify credentials, but an initial consultation is an opportunity to assess the attorney’s approach to your specific facts.
Ask who will appear in court on your behalf, what evidence the firm will review, and whether the quoted legal fees include suspension hearings and trial preparation.
A clear explanation of possible additional costs and realistic outcomes is more useful than a promise of success.
Contact Our Edwardsville DUI Defense Lawyer Dillon Borri
The Law Office of Dillon Borri, LLC, represents clients in Edwardsville, Glen Carbon, Maryville, Collinsville, Troy, and surrounding communities throughout the Metro East area.
Our office is at 1 Design Mesa, Collinsville, IL 62234.
Dillon’s background as a former Madison County prosecutor and criminal trial attorney informs how we evaluate cases, prepare defenses, and represent clients in court.
If you are facing DUI charges, call 618-213-2312 or contact our firm for a free consultation to discuss the allegations, available defenses, and steps to protect your freedom and driving privileges.
Frequently Asked Questions About DUI Charges in Edwardsville
Can I Be Charged With DUI if My BAC Is Below 0.08%?
Yes. Illinois law allows a DUI charge below 0.08% when other evidence establishes impairment, while a BAC of 0.08% or higher provides a separate statutory basis for prosecution.
Does a DUI Arrest Immediately Suspend My Driver's License?
An arrest can begin the administrative suspension process, but a standard statutory summary suspension generally becomes effective on the 46th day after notice.
The notice date, rather than necessarily the arrest date, controls that timeline.
How Long Will a DUI Conviction Stay on My Record?
A DUI conviction remains on an Illinois criminal and driving record and generally cannot be expunged or sealed.
Successful DUI court supervision avoids a formal conviction but does not make the DUI supervision disposition eligible for ordinary expungement or sealing.
What if I Refused a Breath or Blood Test?
Refusing qualifying chemical testing generally results in a 12-month statutory summary suspension for a first offender or a three-year suspension for a non-first offender.
The State may pursue the DUI case using other evidence, and the suspension can be challenged on limited statutory grounds.
Will My Car Insurance Increase After a DUI?
A DUI conviction can increase insurance rates or make coverage harder to obtain, although the result depends on your insurer, policy, and driving history.
Can I Go to Jail for a First DUI in Edwardsville?
Yes. An ordinary first DUI is generally a Class A misdemeanor with a possible jail sentence of up to 364 days, although incarceration is not automatic.
A high BAC, child passenger, or other aggravating circumstances may trigger additional mandatory penalties.