The Hours After a DUI Arrest Matter — Here Is What to Do
A DUI arrest is frightening and disorienting. Most people have no idea what comes next or what they should do. The decisions you make in the hours and days immediately following your arrest can significantly affect the outcome of your case. This guide explains exactly what to do — and what not to do — to protect yourself.
Updated September 2026
Ms. Williams has over 33 years of legal experience and has defended DUI cases across Central Illinois. As a member of the National College for DUI Defense, she brings specialized expertise to every case. The sooner she can begin working on your defense, the more options she has available to you.
◆ Illinois Law
Under 625 ILCS 5/11-501.1 — the Implied Consent Law — any person who drives in Illinois is deemed to have consented to chemical testing if lawfully arrested for DUI. If you refused testing or failed with a BAC of 0.08 or higher, an automatic statutory summary suspension of your license is triggered. Your right to petition the court to challenge that suspension is established under 625 ILCS 5/6-208.1, which sets a strict 90-day filing deadline from the date of arrest.
Sources: 625 ILCS 5/11-501.1 — Implied Consent and Statutory Summary Suspension; 625 ILCS 5/6-208.1 — Judicial Review of Suspension
Step 1: Exercise Your Right to Remain Silent
If you have already been arrested, this applies to any ongoing contact with law enforcement. You are legally required to provide your name, driver's license, vehicle registration, and proof of insurance. That is all. Do not explain where you were going, what you were doing, or how much you had to drink. Do not attempt to talk your way out of the situation.
This is not about being uncooperative — it is about protecting yourself. Statements made after a DUI arrest are routinely used by prosecutors to build the case against you. Even things that seem harmless or exculpatory can be turned against you. Politely decline to answer questions and ask for an attorney.
Step 2: Call a DUI Defense Attorney Within 24 Hours
This is the most important step. A DUI attorney does not just represent you in court — they begin protecting your case from the moment you call. Evidence in DUI cases can be time-sensitive. Dashcam footage, bodycam recordings, breathalyzer calibration logs, dispatch records, and other critical documents need to be requested and preserved promptly. Some of this evidence is routinely overwritten or destroyed after a period of time.
Beyond evidence preservation, the 90-day license hearing deadline begins running from the date of your arrest. Ms. Williams can file the petition to challenge your suspension, represent you at the hearing, and begin building your defense — all of which starts the moment you call.
Step 3: Write Down Everything You Remember
Memory fades quickly, and the details of your arrest may be more important than you realize. As soon as you are able, write down everything you remember: why you were stopped, what the officer said, how and where the field sobriety tests were conducted, any conditions that may have affected the tests (uneven pavement, bad lighting, medical issues, footwear), what the breathalyzer process looked like, and anything unusual about the encounter.
Do not share this written account with anyone except your attorney — it is protected by attorney-client privilege once you retain counsel. But having it documented while the details are fresh gives Ms. Williams critical information to work with.
Step 4: Preserve Any Relevant Documentation
Gather and preserve anything that may be relevant to where you were and what you were doing that evening. Credit card receipts showing time and location, text messages, photos, restaurant or event receipts — any of these could provide useful context. Also make note of any medical conditions, medications, or physical factors that may have affected your performance on field sobriety tests.
Step 5: Understand the 90-Day License Deadline
Your driver's license is on a separate track from your criminal case. An automatic statutory summary suspension of your driving privileges takes effect on the 46th day after your arrest — regardless of how your criminal case proceeds. To challenge this suspension, you must petition the court within 90 days of the notice (usually served at your arrest). This deadline is absolute and cannot be extended.
If the petition is filed in time and the hearing goes in your favor, the suspension may be rescinded entirely. If the hearing does not go your way, you may still be eligible for a Monitoring Device Driving Permit (MDDP) that allows you to drive with an ignition interlock device during the suspension period.
What NOT to Do After a DUI Arrest
Just as important as the steps above is what to avoid. Do not post about your arrest, the stop, or the evening's events on social media — prosecutors routinely search social media for evidence. Do not discuss the details of your case with friends, family, or anyone other than your attorney. Do not miss any court dates or deadlines — even administrative ones. And do not assume the worst outcome is inevitable. A DUI arrest is not a conviction.
Frequently Asked Questions: After a DUI Arrest in Illinois
What is the very first thing I should do?
Contact a DUI defense attorney within 24 hours. The 90-day license hearing deadline and time-sensitive evidence make immediate action important. Ms. Williams can be reached at (309) 999-1177. The office will follow up promptly to schedule your consultation.
Should I talk to the police after my arrest?
No. You are only required to provide identification and vehicle documents. Exercise your right to remain silent for everything else and ask for an attorney. This applies even if you believe your explanation would help — it rarely does, and often creates problems.
How long before I lose my license?
The automatic suspension takes effect on the 46th day after your arrest. You can continue driving until then. But the deadline to challenge it is 90 days from the arrest date — not the suspension date. You need to act before the 90-day mark regardless of when the suspension kicks in.
Can I still drive while my case is pending?
Yes, until the 46th day when the summary suspension takes effect. If a petition to contest the suspension has been filed, your attorney can advise you on your driving status during that process. You may also be eligible for a Monitoring Device Driving Permit after the suspension begins.
Does what I said at the scene hurt my case?
Possibly — but that determination is part of what Ms. Williams evaluates. Statements made during the traffic stop are different from statements made post-arrest. How and when Miranda rights were given matters. What the officer's report actually says matters. Everything gets reviewed carefully before drawing conclusions.
Ms. Williams represents clients following DUI arrests throughout Central Illinois including Peoria County, McLean County, Tazewell County, LaSalle County, and Macon County.