---
title: "What is the difference between the criminal case and the administrative case in an Illinois DUI?"
description: "An Illinois DUI creates two separate legal proceedings that run on different timelines with different burdens of proof. The criminal case is prosecuted by the Cook County State's Attorney under 625..."
url: https://chicagoduilawyer.net/faq-items/what-is-the-difference-between-the-criminal-case-and-the-administrative-case-in-an-illinois-dui/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# What is the difference between the criminal case and the administrative case in an Illinois DUI?

An Illinois DUI creates two separate legal proceedings that run on different timelines with different burdens of proof. The **criminal case** is prosecuted by the Cook County State's Attorney under 625 ILCS 5/11-501 and requires proof beyond a reasonable doubt. Outcomes include conviction, court supervision, or dismissal, with penalties like fines, jail, and probation. The **administrative case** is run by the Illinois Secretary of State under 625 ILCS 5/11-501.1 and controls driving privileges. It only requires probable cause and produces the Statutory Summary Suspension. A driver can beat the criminal case and still lose their license through the administrative track, or vice versa. Both cases require independent attention, and the deadlines for challenging each are different.