Illinois statutory summary suspension

After a DUI arrest Illinois suspends the license without waiting for a conviction: 6 months after a failed test, 12 after a refusal for a first offender — starting on the 46th day after notice.

A suspension that does not wait for a conviction

Illinois suspends a driver's license after a DUI arrest without waiting for the criminal case. It is called a statutory summary suspension, and it rests on implied consent: anyone who drives on Illinois highways “shall be deemed to have given consent” to a chemical test of blood, breath, urine or other bodily substance if arrested for DUI. The officer must warn that refusing — or a test at 0.08 or more — will result in a summary suspension.

How long it lasts

Section 6-208.1 sets four periods, depending on two questions: was the test refused or failed, and is the person a first offender?

The twelve-month refusal period applies where there was no crash causing injury or death to another; a refusal in that situation is a summary revocation instead, and the person may apply for reinstatement or a restricted permit only after a year.

Who counts as a first offender

For these sections a first offender has no prior DUI conviction or court supervision, no out-of-state equivalent, no out-of-state refusal suspension, and no summary suspension or revocation within the five years before the current offense. The five-year window is about the earlier suspension, not a lifetime record.

The 46-day gap

The suspension does not begin at the arrest. It “shall take effect on the 46th day following the date the notice… was given.” The officer takes the Illinois license and gives a receipt that lets a validly licensed person drive until then. Those 45 days are the window to ask for a hearing and, for a first offender, to arrange the monitoring device driving permit.

Challenging it: the rescission hearing

Within 90 days after the notice, the person may file a written request in the circuit court of venue asking to have the suspension rescinded. The hearing is held within 30 days of the request or of the first appearance date on the ticket — but the request “shall not stay or delay” the suspension.

The hearing is narrow. It decides only whether the person was arrested for DUI, whether the officer had reasonable grounds, and whether, after the required warning, the person refused or tested at 0.08 or more. It is not a trial of the DUI itself. The court sustains or rescinds and notifies the Secretary of State.

Driving during the suspension

A first offender is issued a monitoring device driving permit: driving for any purpose, but only in a vehicle with a breath alcohol ignition interlock device. A first offender who refused and was summarily revoked is not eligible. Illinois BAIID and MDDP covers the permit, the 14-day installation rule and what a violation does. Others may seek a restricted driving permit; see the restricted driving permit guide.

Getting the license back

At the end of the period, driving privileges are restored unless another suspension or revocation applies — but not until the reinstatement fees are paid. For a summary suspension the fee is $250; for a summary revocation, $500; for a second or later DUI-related suspension, $500.

If a conviction follows

A DUI conviction for the same incident brings a separate, mandatory revocation. The time already served on the summary suspension is credited toward the minimum revocation period. Reinstating after a revocation is a different process — a new application, often a formal hearing, and in many cases an SR-22 — covered in Illinois license reinstatement.

Common questions