What Happens After You Get Arrested for a DUI?

 Posted on September 19, 2025 in DUI

Getting taken into police custody for driving under the influence (DUI) can be a panic-inducing experience. If you have never had to deal with law enforcement before, you may be unsure of what to do, even at a loss for how to respond. To ensure that your rights are protected throughout this process, reach out to a Lake County, IL DUI defense lawyer for help.

At The Law Offices of Matthew R. Gebhardt, P.C., we have extensive experience representing clients accused of misdemeanor and felony DUI, with a history of successful results. As a former prosecutor, Attorney Matthew Gebhardt is highly familiar with the legal process of a DUI charge. He can advise you from the start of your case to the end, helping to safeguard your interests.

Do I Have to Take a Blood or Breath Test After Getting Arrested?

After your arrest, you may be required to participate in a chemical test. This test measures your blood alcohol concentration (BAC) from a sample of your blood, breath, or urine. Under Illinois law, you cannot refuse a blood or breath test without legal penalties. This is referred to as the state’s "implied consent" law, which maintains that anyone driving on a public highway automatically consents to tests for drugs or alcohol (625 ILCS 5/11-501.1).

If you refuse to submit to testing, your license will be automatically suspended for a year. This is a much stricter penalty compared to taking the test with a BAC of .08 or higher, which carries a six-month suspension. 

The statutory license suspensions increase for repeat offenders. First offenders may be able to apply for restricted driving privileges during a suspension with the court’s permission. 

When Will I Be Released From Jail After a DUI Arrest?

Depending on the circumstances of your arrest, you may or may not be released before your trial date. The judge will make a decision based on the following factors:

• The severity of the crime

• Whether or not you are deemed a threat to the public

• Whether or not the court deems you a flight risk (i.e., not likely to appear in court)

If you are released from detention, the judge may impose certain terms, like regular check-ins with the court or a prohibition on drinking. Violating the terms of release can result in your immediate detainment.

Preparing Your Defense for a DUI Charge

Following a DUI arrest, you should start thinking about your defense strategy as soon as possible. Your best course of action is to start by getting in contact with a defense attorney whom you can speak to in private.

Given the details of your arrest, our defense attorney will look for mitigating circumstances, or factors that make the crime less serious. In some cases, we may even be able to get the charges dismissed entirely. We can implement different defense strategies suited to your case, like questioning BAC test results or challenging illegal traffic stops.

Contact a Deerfield, IL DUI Defense Lawyer

You do not have to handle a DUI charge by yourself. At The Law Offices of Matthew R. Gebhardt, P.C., we can advise you of what to do after a drunk driving arrest. Call our Lake County, IL criminal defense attorney at 847-239-4703 to schedule a free consultation and start discussing your case.