Chicago Criminal Lawyer Blog
The 30‑Day Deadline Is One of the Most Important Dates After a DUI Arrest in Chicago
Anyone arrested for DUI in Chicago quickly learns that there are actually two legal cases set in motion. The first is the criminal DUI charge. The second is an administrative action by the Illinois Secretary of State to suspend your driver’s license. These are entirely separate, and each follows its own rules and deadlines. One of the most critical rules in Illinois is that you only have 30 days to file a petition to fight, or “rescind,” the statutory summary suspension that follows a DUI arrest. This rule exists under 625 ILCS 5/2‑118.1.
Chicago drivers are often surprised to learn that even if their DUI case is dismissed, their license can remain suspended if that 30‑day window is ignored. The suspension starts on the 46th day after arrest, and once the deadline passes without filing, the right to a hearing is almost always lost. This applies whether the arrest happened in the South Loop, Rogers Park, Little Village, or any other neighborhood in the city.
