What Happens to Your Driver's License After a DUI Arrest?

Updated June 2025

When you face a driving under the influence (DUI) charge in the State of Illinois, there are two separate and distinct ways that you can lose your driving privileges.

First, the Illinois Secretary of State can suspend your driver's license by taking an "administrative action" called a statutory summary suspension.

Second, if you are convicted of driving under the influence in a criminal court, the Illinois Secretary of State will revoke your driving privileges indefinitely.

What Is Statutory Summary Suspension?

When you are charged with driving under the influence in the State of Illinois, the officer will request that you take a chemical test to check if you're over the limit (0.08 percent blood alcohol concentration, or BAC). If you take the test and you're intoxicated, or if you refuse the test, you'll receive a statutory summary suspension of your license.

This can happen because Illinois has implied consent laws. What does this mean? Basically, Illinois law recognizes that driving is a privilege, not a right. By being granted the privilege of having your license and being able to drive, you agree to take a blood or breathalyzer test after an arrest for DUI. You do not explicitly consent to this, but you confirm you agree to it by choosing to drive.

Should You Refuse the Breath Test After a DUI Arrest?
During the DUI investigation, the officer will often tell you that if you do the breath test, your driver's license will only be suspended for 6 months, versus a year-long suspension if you refuse. Doing the breath test may seem the obvious and better choice, but because it affects both the criminal case as well as the administrative aspect, it's a lot more complicated than that.
The short answer is that usually a DUI charge on the criminal side has a bigger impact on your life than a 12-month driver's license suspension, especially when your attorney might be able to handle your summary suspension. However, there are many considerations, so we suggest reading our full guide to determine whether you should refuse a breathalyzer test in Illinois.

The length of a statutory summary suspension varies based on whether it was your first DUI and whether you received it because you blew over the limit or refused the test:

• First offense with a failed BAC test: 6-month suspension
• First offense with a refused BAC test: 12-month suspension
• Second or subsequent offense with a failed BAC test: 12-month suspension
• Second or subsequent offense with a refused BAC test: Three-year suspension

A statutory summary suspension is entirely separate from your criminal DUI case, so it must also be handled separately. Because of this, you can still be subject to a summary suspension even if your criminal DUI charge is later dropped or you are not convicted.

When Do You Lose Your License After a DUI?

When you receive a statutory summary suspension after a DUI arrest, it won't start immediately. You have 45 days from when you received your notice of suspension (typically the day you were arrested) before your license will be suspended. On the 46th day, you won't be able to legally drive until your suspension is lifted or completed and you get your license reinstated.

However, there is a way to keep your driving privileges. To do this, you must request a hearing with the Secretary of State to contest the license suspension.

As soon as possible after you've been formally charged with DUI, reach out to a Chicago DUI defense attorney who can both represent you at an administrative license suspension hearing and defend you against the criminal driving under the influence charge.

What Happens at a Statutory Summary Suspension Hearing?

You'll need to request a hearing to challenge your license suspension within 90 days of the DUI offense, but a good defense attorney will request the hearing immediately after they are hired. The issues most commonly considered at an administrative hearing to contest your license suspension are:

1. Were you arrested legally?
2. Were there reasonable grounds to believe that you were driving under the influence?
3. Did you refuse a breathalyzer exam or a blood test?
4. If you submitted to a test, was your BAC level at or above 0.08 percent?

In some states, an administrative hearing officer for the "Secretary of State" will oversee the administrative hearing. In Illinois, that power is granted to the judge overseeing the DUI charge. So, even though a Statutory Summary Suspension is not considered a criminal proceeding, the same judge will oversee both the administrative hearing and criminal case.

The outcome of an administrative hearing isn't always a simple "yes" or "no." The judge may decide your suspension should stand, but you may still be able to drive with certain restrictions. One option is to grant a Monitoring Device Driving Permit (MDDP) during a suspension. This allows you to drive with a breath alcohol ignition interlock device (BAIID) in your vehicle, which will require you to pass a breathalyzer test before your ignition will start.

If you are not eligible for an MDDP, an alternative is to request a Restricted Driving Permit (RDP). An RDP also requires you to install a BAIID device in your vehicle, but as the name suggests, this permit is more restrictive. With an RDP, you may only be allowed to drive between certain times (such as 9-10 am and 5-6 pm on weekdays so you can drive to work), on specific days, or to agreed locations.

It is important that you hire a Chicago DUI defense lawyer who understands the administrative hearing procedure and DUI laws, and is familiar with the courthouse and judges.

What Happens to Your Driver's License After a DUI Conviction?

The second component of a DUI is the criminal charge. If you're convicted of a DUI, the penalties can vary based on any aggravating factors and whether you have any priors.

Penalties can include fines, jail time, community service, and completion of DUI treatment programs, but they also include license revocation.

For a first DUI conviction, your license will be revoked by the Secretary of State and will be ineligible for full reinstatement for 1 year (or two years if you drunk driving under 21 years of age).

For a second driving under the influence conviction within 20 years of the first conviction, you will be ineligible for full reinstatement for 5 years.

Third and subsequent DUI offenses in Illinois are felonies, and are considerably harsher.

For a third DUI conviction in this state, you are ineligible for reinstatement for a 10-year period. For fourth and subsequent driving under the influence convictions in Illinois, your driving privileges are revoked for life.

Getting Your License Back After a DUI

After a 6 or 12-month suspension of your driver's license, you can typically just pay a reinstatement fee and you get your driver's license back.

However, if your license has been revoked, reinstatement is not automatic. With your Chicago DUI defense attorney's help, you will need to:

1. Request a driver's license reinstatement hearing
2. Prove that you've completed any court-ordered alcohol or drug programs
3. Offer evidence of your financial responsibility (that is, legally adequate auto insurance)
4. Pay any required fines or court fees
5. Retake and pass the state driving exams
6. Demonstrate that your driving poses no threat to the public's safety.

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When Should You Contact a DUI Attorney?

If you're charged with a DUI in the Chicago area, we highly recommend you hire a Chicago DUI attorney. The sooner that you hire an attorney, the more time they have to file the necessary paperwork and prepare a strong defense strategy for your case.

A great deal of trouble (such as a license suspension or a license revocation) can often be avoided if your defense lawyer can have the driving under the influence charge dropped or dismissed or secure a not guilty at trial.

If the case goes to trial, your lawyer may defend you by challenging the reason the police stopped you, contesting the breathalyzer test or the credentials of the officer who conducted the test, or proving your rights were violated.

How Does Driver Defense Team Help DUI Defendants?

If you are charged with DUI, Driver Defense Team will bring your case to its best possible outcome. We have thousands of 5-star Google reviews from clients raving about our services. If you are fighting a DUI or trying to have your license reinstated after a suspension or revocation, we can guide you through the process and fight on your behalf.

With a team of attorneys, legal assistants, and case managers working closely together, you will always be informed about the status of your case. Our commitment to communication is part of the reason that Illinois drivers choose Driver Defense Team.

Our offices are located in Chicago and Villa Park, and we represent clients in Cook, DuPage, Kane, and Lake County, Illinois. If you face a license suspension, revocation, or DUI charge now or in the future, call us and put Driver Defense Team to work for you.