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For How Long Will Your Driver's License Be Suspended After a DUI in Illinois?

DUI

For How Long Will Your Driver's License Be Suspended After a DUI in Illinois?

Derek Martin

A DUI arrest can turn your life upside down fast, especially when your ability to drive is suddenly at risk. Even a first DUI offense can lead to serious consequences, including the suspension or revocation of your driver’s license. For many people, losing driving privileges affects far more than convenience; it can impact work, family responsibilities, and everyday life.

Illinois enforces DUI laws aggressively because of the danger impaired driving poses. Over 20,000 drivers statewide are arrested for DUI and have their license suspended every year. You may be wondering how long a DUI license suspension lasts, when it starts, and what options may be available to keep you driving safely. Below, we break it all down in clear, easy-to-follow terms. If you have any questions, feel free to get in touch with our DUI license suspension lawyers for a consultation.

What Happens to Your License When You Get a DUI?

If you get pulled over and the police suspect you are impaired by drugs or alcohol, you will be asked to take one of three field sobriety tests (FST) and a breathalyzer test. Illinois follows an implied consent law, which means that by driving on Illinois roads, you’ve agreed to submit to chemical testing if police lawfully suspect driving under the influence. Law enforcement will arrest you for a DUI if they have probable cause and you failed the tests. This will lead to a DUI license suspension.

If you refuse a police officer’s request to take a breathalyzer test, your driver’s license will be suspended for a year if you are a first-time DUI offender. For a second refusal within five years, your driver’s license will be suspended for three years.

However, if you take the breathalyzer test, and if it indicates that you are over the “legal limit” (a blood alcohol content level that measures at or over 0.08 percent) your license will be suspended for six months (or for one year if it’s your second DUI offense within a five-year period). So yes, you will get a longer license suspension if you refuse to take the test and do not have multiple DUI charges.

What Is a Statutory Summary Suspension?

A license suspension prompted by refusing or failing a breathalyzer test is called a “statutory summary suspension.” The suspension of your license:

  • Begins 46 days after your arrest
  • Is automatic
  • Is separate from your DUI court case
  • Applies whether you are guilty or not.

Can You Challenge a Statutory Summary Suspension?

Yes, we recommend that you get in touch with a DUI attorney as soon as possible. They can file a “Petition to Rescind the Statutory Summary Suspension” on your behalf and attempt to stop the suspension before your 45-day allowed driving period is up. Important things to know:

  • Filing the petition does not delay the suspension start date
  • You only have a limited time to challenge it
  • Success depends on factors like the legality of the stop, testing procedures, and officer compliance.
  • For first-time offenders, restricted driving options may still be available while the suspension is in place.

What Happens to Your License if You’re Convicted of DUI?

In Illinois, a DUI conviction results in the revocation of your driving privileges, not a suspension.

Suspension is a temporary measure (e.g. 6, 12, or 36 months) that is initiated upon arrest or being charged, independent of the case’s final outcome. Your driving privileges are reinstated upon payment of a fee once the suspension period has concluded. A suspension can occur even if you are found not guilty, and winning a suspension hearing does not prevent a subsequent DUI conviction.

Revocation, on the other hand, is a permanent loss of driving privileges and is the direct consequence of a DUI conviction. It begins after sentencing by a judge, and the Illinois Secretary of State (ILSOS) will send official notice. The minimum revocation period is one year, with credit given for any time your license was suspended while the case was pending.

Frequently Asked Questions: DUI and License Suspension

What is court supervision?

Usually, first-time DUI offenders will get court supervision. Supervision isn’t guaranteed (and it’s not always the best option) but it is often far better than a conviction that will revoke your driver’s license. Court supervision allows a driver to:

  • Avoid a DUI conviction
  • Complete treatment, classes, and court conditions
  • Keep the conviction off their criminal record.

What should I do if I’m charged with DUI?

If you’re arrested for DUI in or near Chicago, time matters. Early legal action provides the best opportunity to protect your license. A DUI attorney can:

  • Challenge the legality of the traffic stop
  • Examine breathalyzer accuracy
  • Review officer training and credentials
  • Cross-examine police testimony
  • Fight license suspension and revocation.

How soon does a DUI license suspension start in Illinois?

A Statutory Summary Suspension begins 46 days after your arrest, not on your court date.

Can I drive while my license is suspended?

Some first-time offenders may be eligible for a restricted driving permit, depending on the specific circumstances. Not everyone is eligible.

If I beat the DUI case, will the suspension be lifted?

No. The suspension is separate from the criminal case. However, it can be challenged through a petition to rescind.

Is refusing the breath test better than failing it?

Not necessarily. Refusing often results in longer suspensions, especially for repeat offenders.

Does a DUI always lead to license revocation?

Only if you’re convicted. Avoiding a conviction may prevent revocation altogether.

How long does a revocation last?

There is no automatic end date. You must petition the Illinois Secretary of State for reinstatement.

What happens if I get multiple DUI convictions?

We go further into what happens with every subsequent DUI conviction on our blog. This outlines the fines you must pay, jail time you might serve, and more.

Should I talk to a lawyer even if this is my first DUI?

Yes. First-time cases often have the most options, but only if acted on early.

Our Chicago DUI defense lawyers will investigate the charge against you, protect your rights, and work to bring your case to its best possible outcome. If you are charged with driving under the influence, request a free consultation today to discuss your options and get the experience help you need.

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