A DUI arrest in Kane County sets two cases in motion: a criminal charge in the Circuit Court and a separate license suspension through the Illinois Secretary of State. Both move quickly. Stavros Law Offices defends DUI charges throughout Kane County, including Aurora, Elgin, St. Charles, Geneva, Batavia, Carpentersville and South Elgin. Our office is in Wheeling, and we handle cases in Kane County courts. Our attorneys, Justin Stavros and Vincent Stavros, are both former Lake County Assistant State's Attorneys. See our attorney profiles to learn more.
Where a Kane County DUI Case Is Heard
Kane County is the 16th Judicial Circuit. Under the circuit's local court rules, DUI and felony cases are generally heard at the Kane County Judicial Center, 37W777 Route 38 in St. Charles. Traffic, misdemeanor and ordinance cases are generally heard at the Kane County Branch Court in St. Charles or at the Aurora or Elgin branch courts. The Kane County Courthouse at 100 S. Third Street in Geneva mainly handles civil cases. Your ticket or release papers list the location and date; confirm them with the Circuit Clerk or call our office before you go.
The Two Clocks: Criminal Case and License
After a DUI arrest, the officer reports a failed or refused chemical test to the Secretary of State. The statutory summary suspension takes effect on the 46th day after you receive notice. For a first offender, it lasts six months after a test at 0.08 or higher and twelve months after a refusal. You may ask the court in writing, within 90 days of notice, to rescind it, but that request does not pause the suspension. First offenders may qualify for a monitoring device driving permit, which requires an ignition interlock. See our summary suspension and driving permit guides, and what to expect from license reinstatement later on.
What a DUI Conviction Can Mean
A first or second DUI is generally a Class A misdemeanor, with less than one year in jail possible and a fine generally up to $2,500. Aggravated DUI is a felony, for example a third offense, driving on a revoked license, or a crash causing great bodily harm. A conviction also leads to license revocation. Our Illinois DUI penalties guide explains the ranges, and we have separate guides to first-time DUI, second-offense DUI and aggravated DUI.
Who Prosecutes the Case
The Kane County State's Attorney's Office prosecutes criminal cases in the county, including DUI. Its main office is at the Judicial Center in St. Charles. We review the police reports, video and testing records that the prosecution relies on, then decide whether to challenge the evidence, negotiate or try the case.
How We Defend DUI Charges
We examine the stop, the field sobriety tests and the breath or blood testing, and we handle the license side, including hearings. For our full practice overview, visit our Illinois DUI defense page. New to the process? Our Illinois DUI client guide walks through each step, and the page on your first court date explains what happens at the first appearance. For other charges, see our Kane County criminal defense page and our Illinois criminal defense overview.
Kane County Towns That Cross County Lines
Several communities sit partly in Kane County and partly in another. Read our pages for Huntley (McHenry and Kane) and Hoffman Estates (Cook and Kane). We also defend DUI cases in Cook, Lake, McHenry and DuPage counties.
Frequently Asked Questions
Where will my Kane County DUI case be heard?
DUI cases are generally heard at the Kane County Judicial Center in St. Charles, and related traffic matters may be set at a branch court. Your ticket or release papers list the location and date; confirm with the Circuit Clerk or call our office.
Do you handle Kane County DUI cases even though your office is in Wheeling?
Yes. Our office is at 433 N. Milwaukee Ave in Wheeling, and we represent clients in Kane County courts. Call us with your ticket or release papers and we will confirm where you appear.
Will I lose my license after a DUI arrest in Kane County?
Not on arrest day. If you fail or refuse a chemical test, the summary suspension begins on the 46th day after notice. You can ask the court to rescind it within 90 days, and first offenders may qualify for a monitoring device driving permit.
Can a first DUI end in court supervision?
Sometimes. Supervision is discretionary and is unavailable if you have a prior DUI conviction or supervision. We review your record before advising you.
What if I was arrested in a town that is partly in Kane County?
The county named on your ticket or charging paper decides which court and clerk apply. We handle cases in Kane County and in our other counties, so call us and we will help you confirm where to appear.
Talk to Our Team
Call (847) 520-4810 (our phone line is available 24/7) or request a free consultation online. Our office is at 433 N. Milwaukee Ave, Wheeling, IL 60090, open Monday–Friday 9–5 and closed Saturday. Bilingual staff can assist; se habla español.
This page is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, no lawyer can guarantee a result, and past results do not predict future outcomes.