Chicago Criminal Lawyer Blog
Arrested for DUI in Chicago? Here’s What Happens to Your Driver’s License
After a DUI arrest in Chicago, the first and most urgent concern for most clients is whether they’ll be able to keep driving. That’s a perfectly reasonable fear—especially if your job, family, or health depends on your ability to drive. Unfortunately, Illinois DUI law imposes automatic license suspensions that take effect regardless of whether you are convicted of the criminal charge.
When you’re stopped and arrested for DUI in Chicago, the case triggers two separate legal processes:
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A criminal DUI prosecution, where you face jail, fines, and a permanent record.
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An administrative license suspension under Illinois’ statutory summary suspension rules.
This license suspension is not imposed by a judge—it’s enforced automatically by the Illinois Secretary of State unless specific legal action is taken within 30 days. The applicable statute, 625 ILCS 5/11-501.1, states that refusal to submit to chemical testing, or failure of that test, will result in the suspension of your driving privileges—even if your criminal case is ultimately dismissed.
As a Chicago DUI lawyer, I have seen clients lose their driving rights simply because they waited too long to act. This is why immediate legal intervention matters.
Summary Suspension: How It Works and When It Begins
If you agreed to take a breath, blood, or urine test and failed, your license will be suspended for six months on a first offense. If you refused, it will be suspended for 12 months. These suspensions are known as statutory summary suspensions and are enforced 46 days after your arrest, unless a Petition to Rescind is filed and won in court.
The only way to stop or reverse this suspension is to file a Petition to Rescind the Statutory Summary Suspensionwithin 90 days of arrest, although doing so within 30 days is critical to getting a hearing before the suspension takes effect.
A Chicago criminal defense attorney can immediately file this petition, forcing the state to prove the stop, arrest, and testing were legal. If the officer lacked reasonable suspicion to pull you over, didn’t properly inform you of your rights, or failed to follow testing protocol, we can argue that the suspension should be thrown out.
Even if the summary suspension is not rescinded, first-time offenders may be eligible for a Monitoring Device Driving Permit (MDDP). This permit allows you to continue driving legally during your suspension period, as long as you install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.
The permit is not available to those with prior DUIs, commercial driver’s licenses (CDLs), or those involved in DUI crashes with serious injuries. That’s why eligibility and timing are critical.
Can I Drive to Work or School After a DUI Arrest in Chicago?
Under Illinois law, once your license is suspended due to DUI, the only way to drive legally is with a permit. Illinois does not automatically allow you to drive for “work purposes” or “school reasons” during a summary suspension. Driving without a valid license—even for a legitimate reason—can lead to criminal charges for driving while suspended under 625 ILCS 5/6-303.
If you qualify for the MDDP, you can drive without restrictions, as long as the vehicle has a functioning BAIID installed. That means you can drive to work, school, appointments, and anywhere else, but you must blow into the device each time you start the vehicle.
If you are not eligible for the MDDP—such as in felony DUI cases or repeat offenses—you may have to petition the court for a Restricted Driving Permit (RDP) instead. These are harder to get and are not automatic. An RDP may limit your driving to specific purposes or times of day.
A DUI defense lawyer in Chicago can evaluate your driving record, help you file for the proper permit, and make sure you’re legally covered while your DUI case is pending. Without legal guidance, it’s easy to make a misstep that turns a bad situation into a criminal charge for driving on a suspended license.
DUI Penalties, Case Process, and the Role of Legal Counsel
Under Illinois DUI laws, a first offense is a Class A misdemeanor carrying up to 364 days in jail, fines up to $2,500, court supervision, alcohol classes, and loss of driving privileges. Repeat offenders or those involved in injury accidents may face felony charges, known as Aggravated DUI, punishable by prison terms, permanent license revocation, and a felony record.
The process starts with a traffic stop and arrest. The defendant is booked, fingerprinted, and assigned a court date. That first court date is your arraignment, where a judge advises you of your charges and sets conditions of release. From there, the case proceeds through discovery, pretrial motions, and eventually trial or plea negotiations.
During discovery, the prosecution must turn over all evidence, including:
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Police bodycam and dashcam footage
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Breathalyzer results
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Field sobriety test performance
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Arrest reports
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Witness statements
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Booking room videos
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Chemical test calibration logs
Your Chicago DUI attorney will review this evidence for inconsistencies, legal violations, and procedural errors. If the officer lacked probable cause or failed to properly conduct a breath test, your lawyer may file a motion to suppress that could result in dismissal of key evidence—or the entire case.
Driving privileges during this time are a separate but related issue. The statutory summary suspension and your eligibility for driving relief must be handled in parallel with the criminal case. That’s why your attorney must understand and manage both tracks simultaneously.
Fictional DUI Case Example from Logan Square, Chicago
Let’s say a driver in Logan Square is stopped by police for allegedly drifting across the center line. The officer claims to smell alcohol, and the driver admits to having wine earlier in the evening. After a series of field sobriety tests, the driver is arrested and brought to the 14th District station. There, the driver refuses the breathalyzer test, unaware that this will result in an automatic 12-month suspension starting in 46 days.
The next day, the driver contacts a Chicago DUI lawyer. We immediately file a Petition to Rescind the suspension, and prepare for the summary suspension hearing. Upon reviewing the video, it’s clear the driver never crossed the center line, and the stop lacked legal justification. At the hearing, we challenge the officer’s basis for the stop, and the judge agrees.
The suspension is rescinded, and the driver keeps their license. Later in the criminal case, we uncover that the arresting officer failed to give proper warnings about the consequences of refusing chemical testing. A motion to suppress is filed, and the state voluntarily dismisses the case rather than risk losing at trial.
This outcome was only possible because the driver contacted legal counsel immediately. Delay would have cost the client a full year without a license, even though the criminal case was beatable.
FAQ – Driving While a DUI Case Is Pending in Chicago
Can I legally drive while waiting for my DUI case to finish?
It depends. If you failed or refused chemical testing, your license will be suspended unless you request and win a hearing. If you don’t challenge the suspension, you’ll lose your driving privileges 46 days after the arrest. With legal help, you may be able to rescind the suspension or obtain a Monitoring Device Driving Permit.
What is a summary suspension, and can I fight it?
A summary suspension is an automatic administrative suspension of your license after a DUI arrest. It occurs before your case is decided in court. You can fight it by filing a Petition to Rescind within 90 days, though doing so within 30 days ensures a hearing before suspension kicks in.
Is it illegal to drive during my suspension if I haven’t been convicted?
Yes. Even if you’re not yet convicted, once your license is suspended by the Secretary of State, you cannot legally drive unless you’ve been granted a permit (such as an MDDP). Driving without one is a separate criminal offense.
Do I need a BAIID if I get a driving permit?
Yes, the Monitoring Device Driving Permit requires a BAIID in your vehicle. This device prevents the car from starting if it detects alcohol. You must also pay for its installation and monitoring.
What if I’m a second-time DUI offender?
Repeat offenders are not eligible for MDDPs and face longer suspensions or revocations. You may have to apply for a Restricted Driving Permit and attend a formal hearing with the Secretary of State. These cases require legal representation to have any real chance of success.
Will winning my DUI case automatically restore my license?
Not always. If your suspension wasn’t rescinded, your license remains suspended until the full term expires or until you apply for reinstatement. That’s why it’s critical to challenge the suspension immediately—not just the criminal case.
How can a Chicago DUI lawyer help me drive again?
Your lawyer can file to stop your suspension, represent you at hearings, challenge the legality of the stop or arrest, and help you apply for driving relief options. Legal action taken early in the process often determines whether you’ll be allowed to drive or not.
Call The Law Offices of David L. Freidberg for DUI Defense and License Protection
If you’ve been arrested for DUI in Chicago or the surrounding areas, don’t assume you’ll lose your license or have to wait until court to act. You may be able to keep your driving privileges or get them back quickly—but only if you take legal action now.
At The Law Offices of David L. Freidberg, I’ve spent my career defending good people in tough situations. I know the laws, the courts, and the defenses that work.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
