A DUI arrest in Peoria County sets two parallel processes in motion: a criminal case and an administrative action against your driver's license. Understanding both — and the deadlines that govern them — is essential. Many people focus entirely on the criminal charge and miss the 90-day window to challenge the license suspension, which can have lasting consequences regardless of how the criminal case resolves.

Updated June 2026

If You Were Just Arrested for DUI in Peoria — What to Do First
1. Note the date of your arrest. The 90-day deadline to contest your license suspension runs from this date. Missing it is permanent.

2. Do not discuss the stop or arrest with anyone other than an attorney. What you say can be used as evidence.

3. Locate your Law Enforcement Sworn Report. This is the pink or yellow paper the officer gave you. It serves as your temporary driving permit for 46 days and contains key information about the pending suspension.

4. Understand there are two separate cases — the criminal DUI charge in circuit court, and the administrative license suspension through the Secretary of State. Both require attention and both have their own timelines.

5. Consult an attorney before your first court date. For a list of licensed Illinois attorneys, visit IARDC.org (Illinois Attorney Registration and Disciplinary Commission).

The Illinois DUI Statute

DUI in Illinois is defined under 625 ILCS 5/11-501, which covers multiple forms of impaired driving — not just alcohol. The law prohibits driving while impaired by alcohol, drugs, intoxicating compounds, or any combination thereof.

625 ILCS 5/11-501 — Driving Under the Influence of Alcohol, Other Drugs, or Intoxicating Compounds
"A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely..."
What this means: There are two ways to be charged with DUI under this statute. First, a per se violation based on BAC — if your blood or breath alcohol measures 0.08% or higher, that fact alone supports the charge. Second, an impairment-based charge — if the State can show you were impaired to the degree you could not drive safely, even if your BAC was below 0.08%. This second theory means that drivers impaired by prescription medications, cannabis, or other substances can be charged with DUI even without a high alcohol reading.

Administrative License Suspension — The 90-Day Deadline

When you are arrested for DUI in Illinois, the arresting officer will issue you a Law Enforcement Officer Sworn Report and a notice of statutory summary suspension. This suspension of your driving privileges is an administrative action separate from the criminal case — it happens automatically unless you take steps to contest it.

625 ILCS 5/2-118.1 — Statutory Summary Suspension — Hearing
"Upon a request, the circuit court in the county of arrest shall conduct a hearing under this Section... The request for a hearing shall be filed with the circuit court within 90 days after the notice of the statutory summary suspension has been issued by the arresting officer."
What this means: You have exactly 90 days from the date of your DUI arrest to file a petition in the Peoria County Circuit Court to contest the administrative suspension of your license. If you do nothing, the suspension takes effect automatically — typically 46 days after arrest. For a first offense with a failed chemical test, the suspension is 6 months. For a refusal, it is 12 months. This deadline is one of the most consequential in DUI law — missing it eliminates your right to a hearing.

At the summary suspension hearing at the Peoria County Courthouse, the issues are narrow: Did the officer have reasonable grounds for the DUI arrest? Was chemical testing properly conducted? Did you refuse testing or fail it? If you prevail at the hearing, the suspension is rescinded. Even if you do not prevail, the hearing generates testimony and evidence that may be useful in the criminal case.

Criminal Penalties for DUI in Illinois

The criminal consequences of a DUI conviction in Illinois vary significantly based on prior DUI history, BAC level, and the circumstances of the stop.

First Offense DUI — Class A misdemeanor. Up to 364 days in jail and a fine up to $2,500. Minimum fine of $500 for BAC of 0.08% to 0.15%; minimum $2,500 for BAC of 0.16% or higher. First offenders are typically eligible for court supervision, which avoids a formal conviction on the record if completed successfully.

Second Offense DUI — Class A misdemeanor. Mandatory minimum 5 days in jail or 240 hours of community service, and a BAC of 0.16% or greater adds further mandatory penalties. Court supervision is not available. A second DUI becomes a Class 4 felony only when a 625 ILCS 5/11-501(d) aggravating factor applies — such as driving on a license revoked for a prior DUI, a crash causing bodily harm or death, or a child passenger under 16.

Third Offense DUI — Class 2 felony (aggravated DUI). Mandatory minimum 10 days in jail or 480 hours of community service. Potential sentence of 3 to 7 years in the Illinois Department of Corrections. License revocation of 10 years.

DUI with Child Passenger — If a person under 16 is in the vehicle at the time of the DUI, the charge becomes a Class 4 felony regardless of BAC or prior history. Enhanced fines and potential incarceration apply.

DUI Involving Great Bodily Harm or Death — Aggravated DUI under 625 ILCS 5/11-501(d). Class 4 felony for great bodily harm, Class 2 for death of one person, Class 1 for two or more deaths. These are serious felony charges with mandatory sentencing ranges.

Felony DUI in Illinois

Most first-offense DUIs are misdemeanors, but a DUI becomes a felony — called aggravated DUI — under specific circumstances defined in 625 ILCS 5/11-501(d). Understanding when a DUI crosses into felony territory matters because the consequences are in a completely different category.

A DUI becomes a felony when:

In Peoria County, felony DUI charges are handled in the circuit court on the felony docket. The State's Attorney's office treats these cases as priority prosecutions. Bond hearings and arraignment follow quickly. If the DUI involved a fatality or serious injury, expect the case to receive significant prosecutorial resources.

The practical difference from a misdemeanor DUI: felony convictions carry IDOC prison time (not county jail), permanent ineligibility for court supervision, and long-term license revocation. A felony DUI affects employment, housing, and professional licensing in ways that a misdemeanor resolved on supervision does not.

Field Sobriety Tests in Peoria

When Peoria police or Peoria County Sheriff's deputies stop a vehicle on suspicion of DUI, they typically administer field sobriety tests before requesting a chemical test. The three tests validated by the National Highway Traffic Safety Administration (NHTSA) are the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One-Leg Stand.

You are not legally required to perform field sobriety tests in Illinois. Refusing them does not trigger the same administrative consequences as refusing chemical testing, but the refusal may be noted by the officer and raised at trial. Field sobriety test performance can be affected by factors unrelated to impairment — road conditions, weather, lighting, footwear, medical conditions, and nervousness — and defense attorneys frequently challenge the reliability of FST results.

Chemical Testing: Breathalyzers and Blood Tests

Illinois's implied consent law means that by operating a vehicle in Illinois, you have legally consented to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence. If you refuse, the automatic suspension period doubles.

In Peoria County, roadside preliminary breath tests (PBTs) are typically administered using portable devices. These results are generally not admissible in court as proof of BAC — they are used by officers to establish probable cause for arrest. The evidentiary breath test is typically administered at the Peoria Police Department or Peoria County Sheriff's facility using an approved device. Blood draws may be conducted at a hospital or by a qualified person following specific protocols.

Challenges to chemical test results in Peoria DUI cases can include the maintenance and calibration records of the testing device, the qualifications of the person who administered the test, the chain of custody for blood samples, and the proper observation period before testing.

Monitoring Device Driving Permit (MDDP)

Most first-time DUI arrestees are eligible for a Monitoring Device Driving Permit (MDDP) that allows them to drive during the statutory summary suspension period, provided their vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The BAIID requires a clean breath sample before the vehicle will start and at random intervals while driving.

The MDDP is administered through the Illinois Secretary of State's office. Applications must be filed promptly — the permit is not effective until approved and the BAIID is installed. If your DUI arrest involved a fatality, or if your driving privileges were already suspended or revoked at the time of arrest, you are not eligible for the MDDP.

DUI Cases in Peoria County Courts

DUI cases in Peoria County are handled at the Peoria County Courthouse, 324 Main Street, Peoria, IL 61602. The Peoria County State's Attorney's office at (309) 672-6940 prosecutes DUI cases. Peoria County judges see a significant volume of DUI cases and are familiar with the standard patterns of evidence and procedure.

For first offenders in Peoria County, court supervision is frequently available and frequently offered in plea negotiations. Supervision allows a first-time DUI to be resolved without a formal conviction appearing on your criminal record, provided you complete all conditions — typically including an alcohol evaluation, DUI school, community service, and no new arrests during the supervision period. If you violate supervision, it can be revoked and a conviction entered.

Second and subsequent DUI charges are prosecuted more aggressively in Peoria County. Probation is rarely offered without significant conditions including potentially some period of incarceration. Peoria County judges also have the option of sentencing DUI offenders to the TASC (Treatment Alternatives for Safe Communities) program as a condition of probation in appropriate cases.

How a DUI Defense Attorney Helps in a Peoria Case

A DUI arrest starts two separate cases at once — the criminal charge in circuit court and the administrative suspension of your license — and each runs on its own clock. A DUI defense attorney works both tracks from the start, and the value is less about a courtroom speech than about the procedural and evidentiary work that happens long before any trial.

Protecting the 90-day window. The most time-sensitive step is the petition to contest the statutory summary suspension, which must be filed in the Peoria County Circuit Court within 90 days of the notice under 625 ILCS 5/2-118.1. An attorney files that petition and uses the summary suspension hearing to question the arresting officer under oath early — testimony that can expose weaknesses useful in the criminal case even if the suspension itself is not rescinded.

Examining how the evidence was gathered. Much of DUI defense is technical. A defense attorney reviews whether the traffic stop was supported by reasonable suspicion, whether the field sobriety tests were administered the way NHTSA protocols require, and whether the breath or blood testing followed proper calibration, observation, and chain-of-custody procedures. Where those procedures break down, a suppression motion can keep the resulting evidence out — and a DUI case without a valid test result or a lawful stop is far weaker for the State.

Pursuing the best available outcome. For a first offender, the goal is often court supervision, which avoids a conviction on your record when completed successfully. Supervision is a one-time, first-offense disposition under Illinois law — it is not available to a driver with a prior DUI conviction or a prior supervision for DUI (730 ILCS 5/5-6-1) — which is one reason the stakes on a first case are higher than they look. An attorney negotiates with the Peoria County State's Attorney's office toward supervision, a reduced charge, or dismissal where the facts support it, and prepares the case for trial when a negotiated resolution is not in your interest.

When to consult one. Because the 90-day clock starts at arrest and the first court date comes quickly, it is best to speak with a DUI attorney before that first appearance. For a list of licensed Illinois attorneys, the Illinois Attorney Registration and Disciplinary Commission maintains a public directory at IARDC.org.

Frequently Asked Questions — DUI in Peoria, Illinois

What is the legal blood alcohol limit for DUI in Illinois?

A BAC of 0.08% or higher creates a statutory presumption of DUI under 625 ILCS 5/11-501. A BAC of 0.16% or higher triggers enhanced penalties. For drivers under 21, any detectable alcohol is a violation. Commercial drivers are held to a 0.04% limit.

How long do I have to request a hearing after a DUI arrest in Illinois?

You have 90 days from the date of arrest to file a petition to contest the statutory summary suspension under 625 ILCS 5/2-118.1. This is a hard deadline. Missing it means the suspension goes into effect without any hearing. For a first offense with a failed test, the suspension is 6 months; for a refusal, 12 months.

Is a first DUI a felony or misdemeanor in Illinois?

A first-offense DUI is typically a Class A misdemeanor — up to 364 days in jail and fines up to $2,500. It becomes a felony if it involves a prior DUI conviction, a child passenger, a BAC of 0.16% or higher with certain factors, or if it results in great bodily harm or death.

Can I refuse a breathalyzer in Illinois?

Yes, but refusal has consequences. It triggers a longer administrative suspension — 12 months for a first refusal versus 6 months for a first failed test. The refusal can also be noted at trial. However, it prevents a chemical test result from being created. Whether to submit or refuse is a judgment call that depends on the circumstances.

What is court supervision for DUI in Illinois?

Court supervision is a disposition available to first-time DUI offenders that, if successfully completed, does not result in a conviction on your criminal record. Conditions typically include alcohol evaluation, DUI school, community service, and no new arrests. It is not available for a second DUI.

Does a DUI affect my driver's license in Illinois?

Yes. Conviction results in mandatory revocation — 1 year for a first offense, 3 years for a second, 10 years for a third. Revocation is separate from the administrative summary suspension. You must petition the Secretary of State for reinstatement after the revocation period ends.

What happens at a DUI court date in Peoria County?

DUI cases are heard at the Peoria County Courthouse, 324 Main Street, following standard criminal procedure: arraignment, discovery, pretrial motions, and resolution by plea or trial. The Peoria County State's Attorney's office prosecutes these cases. Peoria County judges are experienced with DUI matters and are familiar with the range of outcomes from supervision to incarceration.

Can a DUI charge be dismissed in Illinois?

Yes, though it depends heavily on the facts. Grounds for challenging a DUI include unlawful traffic stop (lack of reasonable articulable suspicion), improper administration of field sobriety tests, calibration or maintenance issues with the breath testing device, chain of custody problems with blood samples, and Fourth Amendment violations in the collection of evidence. A successful suppression motion can leave the State without sufficient evidence to proceed.

What is a felony DUI in Illinois?

A DUI becomes a felony — called aggravated DUI — in several situations: a third or subsequent DUI offense, a DUI committed while driving on a license revoked for a prior DUI, a DUI involving great bodily harm or death, or a DUI with a child passenger under 16 in the vehicle. Felony DUI carries potential IDOC prison time, not county jail, and court supervision is not available. In Peoria County, felony DUI cases are prosecuted aggressively on the circuit court's felony docket.

How long does a DUI stay on your record in Illinois?

A DUI conviction in Illinois is permanent — it cannot be expunged or sealed. This is one reason court supervision matters for first-time offenders: a disposition of supervision that is successfully completed does not result in a conviction and is therefore not a permanent bar to expungement of the arrest record. A conviction, by contrast, will appear on background checks indefinitely.

What is the difference between a DUI and a DWI in Illinois?

Illinois uses the term DUI (Driving Under the Influence) — there is no separate DWI (Driving While Intoxicated) charge under Illinois law. The single statute, 625 ILCS 5/11-501, covers impairment by alcohol, drugs, intoxicating compounds, or any combination. Some other states use DWI for alcohol and DUI for drugs, but in Illinois it is all DUI.

Can I get a DUI expunged in Illinois?

No. A DUI conviction in Illinois cannot be expunged or sealed under any circumstances. However, if your DUI case was resolved through court supervision and you successfully completed the supervision period, the conviction was never entered — the arrest record may be eligible for expungement after the required waiting period. If you were acquitted, or if charges were dropped or never filed, those records may also be expungeable. Consult an Illinois attorney for your specific situation.

How does a DUI in Peoria affect my commercial driver's license (CDL)?

The consequences for CDL holders are more severe than for regular drivers. A first DUI conviction results in disqualification from operating a commercial vehicle for one year. If the DUI occurred while operating a commercial vehicle carrying hazardous materials, the disqualification is three years. A second DUI results in lifetime disqualification from holding a CDL. These consequences apply even if your personal driver's license is eventually reinstated.

Do I need a lawyer for a DUI in Peoria, Illinois?

You are not legally required to hire an attorney, but DUI is one of the few misdemeanors where the consequences make experienced representation especially important. A conviction is permanent and cannot be expunged, it triggers a mandatory driver's license revocation, and a separate 90-day deadline applies to contest the statutory summary suspension under 625 ILCS 5/2-118.1. A first offense is also the only time court supervision is available, so the outcome of a first case shapes everything that follows. The procedural deadlines and technical defenses involved are difficult to navigate alone. For a list of licensed Illinois attorneys, see the IARDC directory at IARDC.org.