SearchSystems Editorial

Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site between September 23, 2026 and October 4, 2026.

About this guide

Benton, Illinois, in Franklin County, has about 6,600 residents (2024 Census Bureau estimate). A DUI arrest in Benton starts two cases, a criminal case in the Circuit Court of Franklin County and a license case before the Secretary of State, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.

This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.

Related guides: Benton public records, Franklin County DUI, Benton arrest records, Benton warrants, Benton inmate search, Benton criminal records, Illinois arrest records and Illinois inmate search.

The DUI Law in Illinois

Drunk driving is charged as DUI in Illinois, at a blood alcohol level of 0.08 or more.

Driving in Illinois is consent to a breath or blood test when an officer has cause to suspect DUI; the license case that follows a refusal or a failed test is run by the Secretary of State, separately from the criminal case.

Illinois sets no time limit on prior offenses: every earlier conviction counts toward a repeat charge.

Who Makes DUI Arrests in Benton

The Franklin County Sheriff's Office and the agency that reports for Benton (filed by the FBI as Benton Police Department) make the DUI arrests in and around Benton.

Together, the five agencies in Franklin County with all twelve months of 2024 on file reported 1,463 arrests to the FBI that year, all offenses together; the FBI's count for Franklin County does not break DUI out.

Booking After a DUI Arrest in Benton

A driver arrested for DUI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Franklin County Sheriff's Office, held about 94 people on an average day in 2019 by the Vera Institute of Justice's count and has a jail page SearchSystems verified at franklincountyil.gov/sheriff, phone (618) 438-4841. The Benton inmate search guide covers the jail in full.

The Court Case

A DUI charge from Benton is brought by the State's Attorney in the Circuit Court of Franklin County.

The State's Attorney's page SearchSystems verified is at franklincountyil.gov/states-attorney, phone (618) 439-4316.

The court records page SearchSystems verified for the county is at franklincountyil.gov/circuitclerk, phone (618) 435-9800.

Illinois has no single public index of every trial court case; each court's records are looked up through that court.

The License Case

The court case is only half the record. The Secretary of State runs a separate administrative case over the license, which can suspend it before the criminal case is decided, and the Illinois Secretary of State keeps the driving record the conviction goes on.

The Records a DUI Leaves

  • The arrest report: from the agency that made the arrest, under the Illinois Freedom of Information Act.
  • The court file: from the Circuit Court of Franklin County, kept by the Circuit Clerk.
  • The driving record: from the Illinois Secretary of State.

More on each: Benton arrest records and Benton court records.

Frequently Asked Questions

What is the DUI limit in Illinois?

0.08 percent blood alcohol.

Where is a DUI case from Benton heard?

In the Circuit Court of Franklin County, brought by the State's Attorney. The court records page SearchSystems verified for the county is at franklincountyil.gov/circuitclerk.

Where is a person arrested for DUI in Benton held?

At the county jail, run by the Franklin County Sheriff's Office, if kept in custody.

Who handles the license after a DUI arrest in Illinois?

The Secretary of State, in an administrative case separate from the court case.

How long does a DUI count as a prior in Illinois?

There is no time limit; every prior conviction counts.

Is this the official Benton website?

No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official city, county, court and state offices described above and does not hold records, charge for them or take requests.