Arrested for DUI in Illinois? What Happens to Your Driver’s License From Arrest to Reinstatement
Being arrested for DUI in Illinois can create two separate legal problems at the same time.
There is the criminal DUI case, where the State must prove that you committed the offense beyond a reasonable doubt.
Then there is your driver’s license, which can be affected by an administrative process through the Illinois Secretary of State.
These two matters are related, but they are not the same. A person can have a strong defense to the criminal DUI charge and still face a driver's license suspension. Likewise, challenging a statutory summary suspension is a separate legal issue from defending the underlying DUI charge.
Understanding that distinction is important from the moment you are arrested.
What Is a Statutory Summary Suspension?
A statutory summary suspension is an administrative suspension of your driving privileges following a DUI arrest under Illinois law.
Generally, the suspension can arise when a driver:
Refuses to submit to required chemical testing;
Fails to complete chemical testing; or
Submits to chemical testing that produces a result meeting the statutory requirements.
The Illinois Secretary of State describes a statutory summary suspension as a temporary loss of driving privileges resulting from a DUI arrest. The Secretary of State also explains that the suspension is separate from any criminal penalties that may result from a DUI conviction.
That distinction is critical.
You do not have to be convicted of DUI for a statutory summary suspension to take effect.
The administrative suspension is based upon the circumstances surrounding the arrest and chemical testing—not upon the ultimate outcome of the criminal prosecution.
When Does the Suspension Begin?
A statutory summary suspension generally does not take effect immediately.
Under 625 ILCS 5/11-501.1, the suspension becomes effective on the 46th day following the date notice of the suspension is given.
That period can be extremely important.
A person who has just been arrested may still have a valid privilege to drive while the 46-day period is running. But that does not mean the suspension should simply be ignored.
The period before the suspension becomes effective can provide an opportunity to:
Review the basis for the suspension;
Obtain the police reports and other relevant evidence;
Determine whether the statutory requirements were satisfied;
Identify potential grounds to challenge the suspension;
Address the criminal DUI charge; and
Determine whether a driving permit or other form of relief may be available.
The exact options depend upon the circumstances of the individual case.
Your DUI Case and Your Driver's License Are Two Different Battles
One of the most common misunderstandings following a DUI arrest is assuming that everything will be resolved together in the criminal case.
It may not be.
The criminal prosecution concerns whether the State can prove the DUI offense. The statutory summary suspension is an administrative consequence arising from the DUI arrest and the circumstances surrounding chemical testing.
For example, a person might ultimately defeat the DUI charge but still have to address a statutory summary suspension separately.
Conversely, a person might resolve the criminal case without a conviction but still need to deal with the consequences of the suspension.
That is why a DUI defense attorney should examine both sides of the case from the beginning.
Can a Statutory Summary Suspension Be Challenged?
Yes.
Illinois law provides a procedure for requesting a judicial hearing to challenge a statutory summary suspension or revocation.
Under 625 ILCS 5/2-118.1, a person may generally request a judicial hearing within 90 days after being served with notice of the statutory summary suspension or revocation. The request must identify the grounds upon which the person seeks rescission.
The hearing is conducted in the circuit court having jurisdiction.
Importantly, requesting the hearing does not automatically stop the suspension from taking effect. Illinois law expressly provides that the judicial hearing and related proceedings do not stay or delay the statutory summary suspension or revocation.
That makes timing important.
What Does the Court Consider at a Suspension Hearing?
A suspension hearing is not simply another version of the criminal DUI trial.
The court examines specific statutory questions concerning the circumstances of the arrest, the testing, and the statutory requirements.
Depending upon the circumstances, the issues can include questions such as:
Whether the person was lawfully placed under arrest;
Whether the officer had the required grounds to request chemical testing;
Whether the required warnings were provided;
Whether the driver actually refused testing;
Whether the driver completed the requested testing;
Whether the test result met the statutory requirements;
Whether the sworn report submitted by law enforcement was legally sufficient; and
Other statutory grounds applicable to the particular suspension.
The precise issues available in a particular case depend upon the type of suspension and the facts surrounding the arrest.
This is one reason that simply looking at the suspension notice is not always enough. The underlying reports, warnings, testing records, and circumstances of the arrest can matter.
What If the Police Report Contains Errors?
The paperwork matters.
Illinois law specifically addresses defective sworn reports submitted by law enforcement. If the sworn report does not contain sufficient information or was completed in error, the Secretary of State's confirmation process is affected under the statute.
That does not mean that every mistake in a police report automatically results in rescission.
It does mean that the documents supporting the suspension should be carefully reviewed rather than simply accepted at face value.
A defense attorney reviewing a DUI case should be looking at the entire record, including the arrest report, sworn report, chemical testing documentation, notices, and other evidence relevant to the suspension.
What Happens If You Refused the Chemical Test?
Refusing chemical testing can have significant consequences.
The Illinois Secretary of State currently identifies a refusal or failure to complete testing as a basis for a statutory summary suspension and states that refusal can result in a longer suspension period than a suspension based upon a failed chemical test.
Refusal also does not necessarily mean that the criminal DUI case is over or that the State cannot prosecute the DUI.
In other words, refusing the test does not eliminate the DUI case.
It can create a separate administrative consequence involving your driving privileges.
The circumstances surrounding the alleged refusal therefore need to be examined carefully.
What If You Took the Test and Failed?
A chemical test result can also lead to a statutory summary suspension.
For example, the Secretary of State identifies a BAC of .08 or higher as one basis for a statutory summary suspension. Illinois law also addresses certain drug and cannabis testing results.
But a test result should not necessarily be viewed in isolation.
The circumstances surrounding the collection and testing can matter. Depending upon the type of test involved, an attorney may need to examine questions concerning:
The timing of the test;
The type of sample collected;
The testing procedure;
The equipment involved;
Required observations or procedures;
Documentation;
The qualifications or actions of the person conducting the testing; and
Whether the State can establish the statutory requirements applicable to the suspension.
The significance of any particular issue depends upon the facts and applicable law.
What Happens to Your License After the Suspension Begins?
The length and consequences of a statutory summary suspension depend upon the circumstances, including whether the driver is considered a first offender under the applicable Illinois statutes and whether the suspension resulted from a refusal or a failed chemical test.
The Secretary of State currently identifies, for example, six months for certain first-offender failed-test suspensions and twelve months for certain first-offender refusals, with different periods potentially applying to other drivers.
There can also be other consequences depending upon the driver's history and circumstances.
And a suspension may not be the only license-related issue in the case.
A person may also need to consider:
A Monitoring Device Driving Permit (MDDP);
A Breath Alcohol Ignition Interlock Device (BAIID);
A Restricted Driving Permit;
A future reinstatement hearing;
A formal or informal Secretary of State hearing;
Additional suspensions or revocations already appearing on the driving record; and
Reinstatement requirements.
The correct strategy depends heavily on the individual's driving history and the underlying DUI case.
Can You Drive During the Suspension?
This is an area where drivers need to be extremely careful.
Once a statutory suspension becomes effective, you cannot simply continue driving because you believe your criminal DUI case will eventually be dismissed.
Illinois provides certain forms of driving relief in appropriate circumstances. For example, the Secretary of State explains that certain first-time offenders may qualify for a Monitoring Device Driving Permit, which allows driving with a BAIID installed in the vehicle.
Whether a particular driver qualifies for a permit is fact-specific.
Driving while your privileges are suspended can create an entirely new legal problem. Before driving, you should know exactly what your driving status is and whether you have valid authorization to operate a vehicle.
What Happens After the Suspension Period Ends?
Expiration of the suspension does not necessarily mean that you should simply get behind the wheel immediately.
Illinois law provides that driving privileges following a statutory summary suspension are restored subject to the applicable requirements, including payment of the required reinstatement fee and proper entry on the driver's record.
The Secretary of State currently identifies a reinstatement fee of $250 for a first-time offense and $500 for multiple offenses in the applicable circumstances.
You should also determine whether there are other suspensions, revocations, holds, or requirements affecting your driving privileges.
A person can serve the period associated with one suspension and still discover that another issue prevents reinstatement.
What If You Need Your License for Work?
For many people, losing the ability to drive is more than an inconvenience.
It can affect:
Employment;
Commuting;
Childcare;
Medical appointments;
School;
Family responsibilities; and
The ability to earn a living.
That is why the driver's-license consequences of a DUI should be addressed as early as the criminal case itself.
Waiting until the suspension has already taken effect can unnecessarily limit the options available to you.
Why You Should Have a DUI Attorney Review the Suspension
A DUI case is not simply about whether you were drinking.
There may be constitutional, evidentiary, procedural, and administrative issues that need to be evaluated.
An experienced Illinois DUI defense attorney can review the circumstances of the stop and arrest, the chemical testing, the statutory summary suspension, and the criminal charge as separate but related components of the case.
That review may include questions such as:
Was the traffic stop lawful?
Did the officer have sufficient grounds to continue the investigation?
Was the arrest supported by probable cause?
Were the required warnings provided?
Was the chemical test properly requested?
Was the alleged refusal actually a refusal?
Were the statutory requirements satisfied?
Are there grounds to seek rescission of the suspension?
Is a driving permit available?
What will happen to the driver's license if the criminal case is resolved in a particular manner?
Are there additional license issues that need to be addressed?
There is no single strategy that applies to every Illinois DUI.
The important point is to identify the issues before important deadlines pass.
The Bottom Line
If you have been arrested for DUI in Illinois, do not think of your case as only a criminal charge.
You may be facing two separate legal processes: the criminal DUI prosecution and an administrative action affecting your driving privileges.
The statutory summary suspension generally takes effect on the 46th day after notice, and Illinois law provides a mechanism for requesting a judicial hearing to challenge the suspension.
The earlier those issues are identified, the more opportunity your attorney has to investigate the circumstances, preserve evidence, evaluate potential challenges, and determine what options may be available.
If you have been arrested for DUI in Illinois or have received notice of a statutory summary suspension, an experienced criminal defense attorney can review both the criminal case and the driver's-license consequences.
Call: (847) 790-4042
Email: richard@wallerlawoffice.com
Free consultations are available.
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