DUI Defense
DON'T WAIT. CALL NOW.
You have 46 days to save your license. Every day you wait is a day lost. Free consultation. Available 24/7.

DUI Defense
46 Days to Save Your License. Every Second Counts.
Pulled over for DUI? You're facing two separate battles — criminal charges and license suspension. We fight both. And we start immediately.
A DUI arrest isn't just about criminal charges. You're facing license suspension, insurance increases, potential jail time, and a record that follows you for years. And the clock is already ticking.
In Illinois, you have only 46 days from your arrest to request a hearing to save your driver's license. Miss that deadline and you lose your license automatically — no hearing, no appeal, no second chance.
Joseph Cervantez knows DUI law from both sides. As State's Attorney, he prosecuted DUI cases and understands exactly how the state builds its case against you. Now he uses that knowledge to challenge stops, question tests, and protect your driving privileges and your freedom.
We're available 24/7 because DUI arrests happen at 2am, on weekends, when other firms are closed. When you need help, we answer.
WE HANDLE
First-Time DUI
Even a first offense can mean jail time, fines, license suspension, and a criminal record. We work to minimize consequences and protect your future.
Multiple DUI Offenses
Second, third, or subsequent DUI charges carry mandatory jail time and longer license suspensions. We fight to reduce charges and keep you out of prison.
Aggravated DUI
DUI with injury, DUI causing death, DUI with a child in the car — these are felonies with severe penalties. You need aggressive defense immediately.
License Reinstatement
Lost your license? We handle administrative hearings, petitions for reinstatement, and BAIID (Breath Alcohol Ignition Interlock Device) installation.
Refusal Cases
Refused the breathalyzer? You're facing automatic license suspension — but we can still fight the criminal charges and challenge the stop itself.
Under 21 DUI
Zero-tolerance laws mean even a trace of alcohol can result in charges. We protect young drivers from consequences that could derail their education and careers.
THE 46-DAY DEADLINE
Here's what most people don't understand: you're fighting two separate cases.
Criminal Case: The DUI charge itself — handled in criminal court.
Administrative Case: Your driver's license suspension — handled by the Secretary of State.
You have 46 days from your arrest to request a hearing to challenge the license suspension. If you miss that deadline, your license is suspended automatically — even if you win the criminal case.
We file that petition immediately. Don't wait.
WHY THE PROSECUTOR BACKGROUND MATTERS
Joe prosecuted DUI cases as State's Attorney. He knows:
- How police are trained to conduct field sobriety tests
- What they need to prove for a valid stop
- How breathalyzer machines can malfunction
- What errors prosecutors overlook
- How to challenge evidence and suppress test results
That insider knowledge is your defense.
CHALLENGING THE STOP
Police need reasonable suspicion to pull you over and probable cause to arrest you. If either is missing, the entire case can be thrown out.
We challenge:
- The initial stop — Did they have a valid reason to pull you over?
- Field sobriety tests — Were they administered correctly? Were conditions fair?
- Breathalyzer results — Was the machine calibrated? Was the officer certified?
- Blood tests — Was the chain of custody maintained? Were procedures followed?
- Police reports — Are there inconsistencies or procedural violations?
One mistake by police can mean your case gets dismissed.
WHAT YOU'RE FACING
First Offense (Class A Misdemeanor):
Up to 1 year in jail, up to $2,500 in fines, minimum 1-year license suspension, possible ignition interlock device, SR-22 insurance, alcohol education classes.
Second Offense (Class A Misdemeanor):
Mandatory minimum 5 days in jail or 240 hours community service, up to $2,500 fine, minimum 5-year license revocation.
Third Offense (Class 2 Felony):
Mandatory minimum 10 days in jail or 480 hours community service, 10-year license revocation, permanent criminal record.
Aggravated DUI (Felony):
DUI with serious injury, death, or child endangerment — prison time, permanent license revocation, devastating consequences.
THE PROCESS
Arrest & Bond
We handle bond hearings to get you released immediately. Most first-time DUI defendants don't need to stay in jail.
Administrative Hearing (46 Days)
We file your petition to challenge license suspension and represent you at the hearing. This is separate from the criminal case.
Criminal Case Investigation
We obtain police reports, dash cam footage, breathalyzer calibration records, and officer training files. We look for every error.
Negotiation
Sometimes we can negotiate reduced charges — reckless driving instead of DUI, which means no automatic license suspension.
Trial
If your case goes to trial, you want an attorney who knows how to cross-examine the arresting officer and challenge the state's evidence. Joe's tried hundreds of cases.
WHAT TO DO IF YOU'RE PULLED OVER FOR DUI
Be polite, but provide only license and registration. You are not required to answer "where are you coming from" or "how much have you had to drink."
You can refuse field sobriety tests. In Illinois, roadside tests are voluntary (though refusing has consequences).
Document everything you remember. As soon as possible, write down what happened — where you were, what you ate/drank, what the officer said.
Call us immediately: 618-310-3777. The 46-day clock is already running. Don't wait.
Meet Our attorney

Phone: 618-310-3777
Jospeh A. Cervantez
Attorney
