Chicago Criminal Lawyer Blog
If you’ve been arrested for driving under the influence in Chicago or anywhere in Illinois, your biggest concern might be avoiding jail time or fines. But one of the most immediate and damaging consequences is the suspension of your driver’s license. What many people fail to understand is that the suspension doesn’t depend on a conviction. It happens automatically if you don’t take specific legal steps—and quickly.
Under Illinois law, a driver arrested for DUI is issued a Notice of Statutory Summary Suspension. This notice activates a process that will suspend your license unless you file a petition to fight it. That suspension is civil in nature and totally separate from the criminal DUI charges. Even if your DUI is later dismissed, the suspension stands unless you challenge it in time.
At The Law Offices of David L. Freidberg, we know how easily clients fall into this trap, especially if they try to handle things on their own. The law moves fast. If you don’t file for a hearing within the allowed timeframe, the Secretary of State will suspend your license, and you could lose your ability to drive for months or even years.
How the Summary Suspension Works Under Illinois Law
According to 625 ILCS 5/11-501.1, drivers in Illinois are subject to a statutory summary suspension if they either:
- Refuse chemical testing, or
- Submit to testing and register a BAC of 0.08 or more
This suspension takes effect on the 46th day after you receive notice, typically the date of arrest. There is only one way to stop it: you must file a Petition to Rescind the Statutory Summary Suspension with the court. This petition must be submitted quickly, and a hearing must be scheduled within 30 days or on the first court date—whichever is later.
The law is very clear on suspension lengths:
- Failing a chemical test: 6-month suspension for first offense
- Refusing a chemical test: 12-month suspension for first offense
- Second refusal: 3-year suspension
Once these suspensions are triggered, there is little you can do to reverse them unless you already filed for a hearing. That’s why the first step after your arrest should always be hiring an attorney.
Why You Can Lose Your License Even if You Beat the DUI Charge
This is the part that surprises people the most: you can be found not guilty of DUI, but still serve a full license suspension. That’s because the statutory summary suspension is handled by the Illinois Secretary of State, not the criminal courts. It’s an administrative action, and the burden of proof is far lower.
At your summary suspension hearing, the court only considers:
- Whether the officer had reasonable grounds to stop you
- Whether there was probable cause for the arrest
- Whether you refused or failed chemical testing
The state doesn’t need to prove your guilt beyond a reasonable doubt—they just need to show the stop and arrest met minimum standards. That’s why an experienced defense attorney is so important. We know how to identify procedural errors and police mistakes that can win your hearing.
To see how the criminal side works after a DUI arrest, check out our recent blog: https://www.chicagocriminallawyerblog.com
How Losing Your License Affects Every Part of Your Life
A suspended license may not seem like the harshest penalty, but it can ruin your livelihood. In a city like Chicago, with congested public transportation and vast suburban sprawl, not having access to a car limits job opportunities, childcare responsibilities, and your ability to attend court dates and alcohol education programs.
What’s worse, if you drive during your suspension and get caught, you could be charged with Driving While License Suspended under 625 ILCS 5/6-303. This can be a Class A misdemeanor or a felony, depending on the circumstances. Jail time, heavy fines, and even longer suspensions often follow.
Insurance companies will also penalize you with increased rates or drop you altogether. Employers who require a clean driving record may let you go. And any future arrest or charge will be viewed through the lens of your prior DUI-related history.
Real Case Example: Fighting for the Right to Drive
One of our clients in DuPage County was pulled over for a broken taillight. The officer claimed she exhibited signs of impairment, including glassy eyes and the smell of alcohol. She failed field sobriety tests but insisted she had not been drinking. She agreed to a breath test and registered a 0.08 BAC.
We filed a Petition to Rescind the summary suspension and obtained video from the squad car and breath test maintenance logs. The video showed the client struggling with a balance issue unrelated to alcohol, and the logs revealed the breathalyzer had not been properly calibrated in accordance with state procedures.
At the hearing, we argued that the officer lacked sufficient probable cause and that the test results were unreliable. The judge rescinded the suspension, allowing our client to keep her license while we fought the DUI charge—which was later dropped due to insufficient evidence.
What Happens If You Miss the 45-Day Window?
Once the 45 days pass and the suspension goes into effect, your options narrow dramatically. There are limited circumstances under which you might get relief, such as proving you were never properly notified, but these are rare.
Even if you eventually win your DUI case, you won’t automatically get your license back. You’ll still have to serve the full suspension period unless you fought it beforehand.
You may be eligible for a Monitoring Device Driving Permit (MDDP) if it’s your first DUI and you install a breath alcohol ignition interlock device (BAIID), but even that requires you to jump through bureaucratic hoops.
Avoiding this scenario means acting immediately and hiring a defense attorney who can preserve your driving privileges from day one.
Why Hire The Law Offices of David L. Freidberg Immediately
DUI arrests can spiral out of control fast. The clock is ticking from the moment you’re arrested, and the penalties don’t wait for you to get your bearings. We act fast to file petitions, gather evidence, subpoena officers, and get your hearing in front of a judge.
We serve clients throughout Chicago, Cook County, and the surrounding counties of DuPage, Will, and Lake. We understand how each local court handles DUI cases and what it takes to win.
Every DUI is different. That’s why we offer a free consultation 24/7 to review your case and help you understand your options.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
If you were arrested in Chicago for DUI, 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.
