How Long Will I Lose My License After a DUI in Illinois?

As a DUI lawyer based in Chicago, I often speak with drivers from neighborhoods like Logan Square, Bridgeport, and Hyde Park who are terrified after a DUI arrest—especially about the fate of their license. In Illinois, a DUI arrest can put your driving privileges in serious jeopardy long before you ever see a courtroom. But just how long do you lose your license after a DUI?

The answer depends on two separate tracks: the Statutory Summary Suspension of your license by the Illinois Secretary of State and the outcome of your criminal DUI case in court. Both have distinct timelines and consequences. Let’s walk through what typically happens, what you can do to protect your license, and why working with a seasoned DUI defense attorney in Chicago can make all the difference.

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Statutory Summary Suspension Timelines in Illinois

Illinois imposes what’s called a Statutory Summary Suspension (SSS) after most DUI arrests. This is an automatic administrative action that can take away your license even before you’re convicted in court.

If you are arrested for DUI and:

• Fail a chemical test (blood, breath, or urine), your license will be suspended for 6 months if it’s your first offense.

• Refuse to take a chemical test, the suspension increases to 12 months.

For those with a prior DUI-related suspension in the past five years:

• Failing a test results in a 12-month suspension.

• Refusing a test leads to a 36-month suspension.

These suspensions are not convictions. They are administrative penalties that begin 46 days after your arrest, unless you take legal steps to stop them.

To challenge the SSS, you must file a Petition to Rescind within 90 days of arrest. This petition triggers a court hearing where your lawyer can argue why the suspension should not go into effect—due to an unlawful stop, bad testing procedures, or other grounds.

Even if you lose that hearing, Illinois allows some drivers to apply for a Monitoring Device Driving Permit (MDDP), allowing you to drive with a BAIID (breath alcohol ignition interlock device) during your suspension.

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Criminal DUI Convictions and License Revocation

If you are convicted of DUI in criminal court, the consequences for your driver’s license are more severe—and longer-lasting.

For a first-time DUI conviction in Illinois:

• Your license will be revoked for 1 year.

• You will not be eligible for full reinstatement until that period ends.

• You must also undergo an evaluation, complete a remedial education program, pay reinstatement fees, and attend a Secretary of State hearing to get your license back.

A second DUI conviction within 20 years results in:

• A 5-year revocation.

• Much tougher reinstatement conditions.

For a third DUI, the revocation extends to 10 years. After a fourth DUI, your license can be revoked for life.

These revocations are different from SSS suspensions. While an SSS may only last months, a conviction revocation could sideline your driving rights for years—or forever.

That’s why fighting the criminal charge is just as important as challenging the suspension. Many people think the case is over once the suspension hits, but the criminal court process is where your long-term license fate is decided.

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The DUI Arrest and Court Process in Chicago

Every DUI arrest in Illinois sets off a formal legal process. It starts with the police stop, then moves through arrest, arraignment, pre-trial hearings, and trial if necessary.

In Chicago, DUI cases are usually heard in the Cook County Circuit Court, either at the Richard J. Daley Center or suburban branch courts like Skokie, Bridgeview, or Rolling Meadows.

Here’s a typical flow of events:

• Arrest: Officer alleges probable cause—usually for erratic driving, smell of alcohol, or failed sobriety tests.

• Booking: You’re processed at the station and released with a court date.

• License Suspension Notice: You’re served with a Statutory Summary Suspension, which takes effect 46 days after arrest.

• First Court Appearance (Arraignment): The judge informs you of the charges and asks for a plea.

• Pre-Trial Motions and Hearings: Your attorney can challenge the evidence, test results, or the stop itself.

• Trial or Plea: If no deal is reached, the case goes to a judge or jury.

A conviction here means a mandatory license revocation, even if it’s your first DUI. That’s why having a lawyer with trial experience in Chicago DUI courts is essential.

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Types of Evidence Used in Illinois DUI Cases

Police in Illinois use a wide range of evidence to build DUI cases. Understanding the types of proof prosecutors rely on helps us see where defenses may be possible.

Evidence commonly includes:

• Breathalyzer or blood test results – These must meet specific standards for calibration and chain of custody.

• Field Sobriety Test observations – These are subjective and can be challenged based on weather, fatigue, or improper instruction.

• Bodycam and dashcam footage – Often helps or hurts the state depending on what’s recorded.

• Officer’s written report – Includes behavioral observations, test results, and the reason for the stop.

• Statements from the driver – “I only had two beers” or “I feel buzzed” can hurt you in court.

In one recent case I handled in Oak Park, the arresting officer failed to properly inform the driver of the consequences of refusing the breath test. As a result, we successfully had the evidence suppressed and the summary suspension rescinded.

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Sample Defense Strategy: A Case From Albany Park

I represented a driver stopped in Albany Park for a missing taillight. The officer claimed the driver slurred their speech and had bloodshot eyes. The driver refused field sobriety tests but did agree to a breath test, which showed a 0.07% BAC.

I immediately filed a Petition to Rescind the Statutory Summary Suspension and requested all dashcam and bodycam footage.

The video showed the driver speaking clearly, walking steadily, and cooperating respectfully. The breathalyzer machine’s maintenance records were out of date.

We filed a motion to suppress the test results due to improper machine certification and made a strong case that the officer lacked probable cause. The judge agreed. The SSS was rescinded, and the criminal charges were dismissed.

The client never lost his license.

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Why You Need an Attorney for a DUI Case

Without a lawyer, you may miss deadlines to stop a license suspension or plead guilty to a conviction that permanently affects your record.

An experienced criminal defense attorney in Illinois will:

• Analyze every detail of your arrest and testing

• File motions to suppress illegally obtained evidence

• Represent you at the Summary Suspension hearing

• Negotiate with prosecutors for charge reductions

• Prepare you for trial if needed

• Assist in getting your license back post-revocation

You only have one chance to avoid mistakes that could cost your license for years. That’s why legal representation isn’t optional—it’s critical.

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FAQs About DUI and License Loss in Illinois

Do I lose my license the moment I’m arrested for DUI in Illinois?
No. The license suspension begins 46 days after your arrest unless you request a hearing to stop it.

Can I keep driving after a DUI arrest?
Yes, for 45 days using the pink Notice of Statutory Summary Suspension form. After that, your license is suspended unless the court blocks it.

What’s the difference between a suspension and a revocation?
A suspension is temporary and ends after a set period. A revocation removes your driving privileges indefinitely—you must apply for reinstatement.

Can I get a permit to drive during the suspension?
First-time offenders may qualify for a Monitoring Device Driving Permit (MDDP), which allows driving with a BAIID installed.

Will I lose my license if I’m found not guilty?
If the DUI is dismissed or you’re found not guilty, your criminal record is spared, but the Summary Suspension may still remain unless it was challenged and rescinded.

Does a DUI affect my out-of-state license?
Yes. Illinois reports DUI arrests and convictions to the National Driver Register. Your home state may take action against your license too.

How soon should I contact a DUI lawyer?
Immediately. The window to fight a license suspension is narrow. The sooner a lawyer is involved, the more options you have.

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Why Choose The Law Offices of David L. Freidberg

At my firm, we focus on protecting what matters most: your license, your job, and your reputation. I’ve defended DUI cases in every major courtroom around Chicago, from downtown to suburban districts. I provide direct attorney access, aggressive motion practice, and tireless advocacy to help you keep your license and avoid conviction.

Many drivers make the mistake of thinking they can handle a DUI on their own or with a court-appointed lawyer who has a massive caseload. That’s not how you win.