Former Prosecutor Now Defending DUI Charges in Will County
A DUI arrest in Joliet sets two separate legal clocks in motion — a criminal case in Will County court and an administrative license suspension through the Illinois Secretary of State. Both have strict deadlines, and the decisions you make in the first days after your arrest can determine whether you keep your license, avoid a conviction, and protect your future. You need an attorney who understands both tracks and can fight on both fronts simultaneously.
Attorney Jack Zaremba has defended DUI clients in Joliet and throughout Will County for more than 15 years. Before becoming a defense attorney, he prosecuted DUI cases as a Will County prosecutor and Illinois Assistant Attorney General. He knows how the State builds these cases — the traffic stop procedures, the field sobriety test protocols, the breath and blood testing requirements — and he knows exactly where those cases are vulnerable. That inside knowledge is now working for you.
Illinois DUI Laws — What You Need to Know
Under 625 ILCS 5/11-501, it is illegal to drive or be in actual physical control of any vehicle in Illinois while:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You are under the influence of alcohol to a degree that renders safe driving impossible — even if your BAC is below 0.08
- You are under the influence of any drug, intoxicating compound, or combination of substances
- You have any amount of a controlled substance in your blood or urine (zero tolerance for illegal drugs)
- Your THC concentration is 5 nanograms per milliliter or higher in whole blood
- Your BAC is 0.04% or higher and you are operating a commercial vehicle
Two critical points: First, you do not need to be driving. Being in actual physical control of a vehicle — sitting in the driver’s seat with the keys accessible — is enough for a DUI charge in Joliet. Second, Illinois has an implied consent law (625 ILCS 5/11-501.1). By operating a vehicle on Illinois roads, you have already consented to chemical testing if lawfully arrested for DUI. Refusing the test does not prevent arrest, and it triggers a longer license suspension than failing the test.
DUI Cases We Handle in Joliet
Our firm handles every type of DUI case in Will County, from first-time misdemeanors to the most serious felony charges:
- First Offense DUI — Class A misdemeanor, court supervision eligibility, MDDP/BAIID requirements, statutory summary suspension
- Second Offense and Repeat Offender DUI — Enhanced penalties, mandatory license revocation, increased jail time and fines
- Aggravated Felony DUI — Third or subsequent offense, DUI causing great bodily harm or death, Class 2 through Class X felony charges
- DUI Defenses — Challenging traffic stops, breath tests, blood tests, field sobriety tests, and other evidence
- DUI Punishments and Penalties — Complete sentencing guide for misdemeanor and felony DUI
- Marijuana DUI Defense — THC-based DUI charges, medical cannabis defenses, and the science behind cannabis testing
Statutory Summary Suspension — Your License Is at Risk
Separate from the criminal case, your driver’s license faces automatic suspension through the Illinois Secretary of State. This administrative suspension begins on the 46th day after your arrest and applies regardless of whether you are ultimately convicted:
First offenders (no DUI disposition within past 5 years):
- Failed chemical test (BAC 0.08+): 6-month suspension
- Refused chemical test: 12-month suspension
- Eligible for MDDP (Monitoring Device Driving Permit) with BAIID after first 30 days
Repeat offenders (prior DUI disposition within 5 years):
- Failed chemical test: 1-year suspension
- Refused chemical test: 3-year suspension
- Must petition for a Restricted Driving Permit through Secretary of State hearing
You have only 90 days from your arrest to file a Petition to Rescind the statutory summary suspension. If you miss this deadline, you lose the ability to challenge the suspension in court. This is why contacting an attorney immediately after a DUI arrest in Joliet is critical.
How DUI Penalties Escalate in Illinois
Illinois DUI penalties increase dramatically with each subsequent offense, and there is no lookback period — a DUI from 20 years ago counts the same as one from last year:
- 1st offense — Class A misdemeanor: up to 364 days jail, $2,500 fine, court supervision possible
- 2nd offense — Class A misdemeanor: mandatory minimum 5 days jail or 240 hours community service, 1-year minimum license revocation
- 3rd offense — Class 2 felony: 3 to 7 years prison, $25,000 fine, 10-year minimum revocation
- 4th offense — Class 2 felony, non-probationable: mandatory prison
- 5th offense — Class 1 felony: 4 to 15 years prison, no probation
- 6th+ offense — Class X felony: 6 to 30 years prison, no probation
Additional penalties apply for BAC of 0.16+, DUI with a child passenger under 16, DUI in a school zone, and DUI causing injury or death. Will County prosecutors pursue the maximum penalties available in every DUI case.
Why Choose a Former Prosecutor for Your DUI Defense
DUI cases in Joliet are built on technical evidence — breath test results, blood test procedures, field sobriety test administration, traffic stop justification, and police report documentation. Every step in the process has specific procedures that must be followed, and failures in those procedures create defense opportunities.
As a former Will County prosecutor, Attorney Zaremba knows these procedures inside and out. He knows how breath testing machines are calibrated, how officers are trained to administer field sobriety tests, and what probable cause is required for a traffic stop. He uses that knowledge to identify errors and fight for dismissals, reduced charges, and court supervision for his DUI clients.
Every client receives Jack’s personal attention from the first consultation through resolution. He is available 24 hours a day because DUI arrests happen at all hours, and the decisions you make immediately after arrest affect everything that follows.
Frequently Asked Questions About DUI in Joliet
Should I take or refuse the breathalyzer test?
This is one of the most common questions after a DUI arrest. Refusing the test results in a longer license suspension (12 months vs. 6 months for first offenders), and the refusal can be used as evidence against you in court. However, refusing also deprives the prosecution of a BAC number. The right choice depends on the specific circumstances, which is why consulting an attorney as early as possible is important.
Can I get court supervision for a DUI in Will County?
First-time DUI offenders with no prior DUI dispositions within the past 5 years are eligible for court supervision, which avoids a conviction and keeps the DUI off your criminal record. Supervision is not available for second or subsequent DUI offenses. Getting supervision is the most important outcome in a first-offense DUI case.
Will a DUI affect my job in Illinois?
A DUI conviction creates a permanent criminal record visible on background checks. It can affect employment particularly for commercial drivers (mandatory CDL revocation), teachers, nurses, law enforcement, and other licensed professionals. Even with court supervision (which is not a conviction), the DUI arrest and disposition remain on your driving record.
How much does a DUI cost in Illinois?
Beyond attorney fees and fines, a DUI carries substantial costs including the $500 DUI technology fee, alcohol evaluation and treatment ($200-$2,000), BAIID installation and monitoring ($80-$100/month), increased insurance premiums ($1,000-$3,000/year for several years), and license reinstatement fees ($250-$500). The total cost of a first-offense DUI in Illinois commonly exceeds $10,000.
A DUI conviction in Illinois results in mandatory license revocation. For information about regaining your driving privileges after a DUI, visit our Driver’s License Reinstatement page.
Related: Return to Criminal Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet DUI Defense Attorney
If you have been arrested for DUI in Joliet, Will County, or Grundy County, time is critical. You have 90 days to challenge your license suspension and the decisions you make now will shape the outcome of your case. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. We are available 24 hours a day and offer affordable rates with flat fees for most DUI cases.