Illinois DUI License Suspension

The DS367 is the Illinois Statutory Summary Suspension Notice served on the driver at the time of arrest under 625 ILCS 5/11-501.1. The arresting officer completes the form and hands it to the driver at the police station after the breath test result or a refusal is recorded. The DS367 does three things: it notifies the driver that a Statutory Summary Suspension will take effect on the 46th day after arrest, it serves as a temporary driving permit for the first 45 days, and it starts the 90-day clock for filing a Petition to Rescind under 625 ILCS 5/2-118.1(b). The DS367 is also the document the Secretary of State uses to enter the suspension into the driving record. Losing the physical form does not cancel the suspension. A defense lawyer needs the DS367 to file the Petition to Rescind and to check for procedural defects in how the arrest was documented.

The Illinois reinstatement fee after a DUI depends on whether the driver is coming back from a Statutory Summary Suspension or a full revocation. After a Statutory Summary Suspension expires, the reinstatement fee is $250 for a first offender and $500 for a non-first offender. After a DUI conviction revocation, the driver must apply through a Secretary of State hearing under 625 ILCS 5/6-208 and pay a $500 reinstatement fee once granted. Both categories also require the driver to complete a drug and alcohol evaluation and any recommended treatment, carry SR-22 high-risk insurance for a minimum of 3 years, and pass any required BAIID compliance period. Fees are payable to the Illinois Secretary of State by cash, check, or money order.

BAIID installation and monthly monitoring costs in Illinois are paid entirely by the driver, not the state. Installation is typically $85 to $150 depending on the vendor. Monthly monitoring and calibration fees run $80 to $110. Illinois also charges a monthly BAIID administrative fee of $30 payable to the Secretary of State. Over a typical 12-month MDDP period, total out-of-pocket BAIID cost lands between $1,400 and $1,900. Removal is billed separately at $50 to $100. Vendors approved by the Illinois Secretary of State include Intoxalock, Smart Start, LifeSafer, and Draeger. All vendors are locked into the same regulatory framework under 625 ILCS 5/6-206.1, so pricing differences are minor.

The RDP (Restricted Driving Permit) and the MDDP (Monitoring Device Driving Permit) are two different Illinois driving permits with different triggers, eligibility, and scope. The MDDP is issued under 625 ILCS 5/6-206.1 to first-offender drivers during the Statutory Summary Suspension period. It requires BAIID installation and allows unrestricted driving on any purpose. The RDP is issued under 625 ILCS 5/6-206 to drivers whose license has been revoked (typically after a DUI conviction) or who are not eligible for the MDDP. RDP eligibility requires a formal or informal Secretary of State hearing, proof of undertaking a drug and alcohol evaluation, treatment where recommended, and a demonstrated hardship. Unlike the MDDP, the RDP restricts driving to specified purposes such as work, school, medical care, or child care.

MDDP eligibility under 625 ILCS 5/6-206.1 requires: first-offender status for summary suspension purposes (no DUI conviction or prior summary suspension within 5 years), a valid Illinois driver's license at the time of arrest, no DUI causing death or great bodily harm, age 18 or older, and willingness to install a BAIID (Breath Alcohol Ignition Interlock Device) on the vehicle. Ineligibility triggers include a prior DUI-related conviction, a previously issued MDDP, a fatal DUI arrest, or driving on a suspended or revoked license at the time of the current arrest. The MDDP takes effect on day 30 of the summary suspension and restores unrestricted driving privileges as long as the driver operates only BAIID-equipped vehicles.

The Illinois Statutory Summary Suspension duration depends on whether the driver is a first offender and whether they submitted to or refused chemical testing. For a first offender who submitted to testing and failed (BAC 0.08 or above): 6 months. For a first offender who refused testing: 12 months. For a repeat offender who submitted and failed: 1 year. For a repeat offender who refused: 3 years. Illinois defines a "first offender" for summary suspension purposes as anyone whose driving record has not shown a DUI conviction or a Summary Suspension within the past 5 years under 625 ILCS 5/11-500. First offenders can apply for an MDDP starting on day 30, which restores unrestricted driving with BAIID installed.

The Petition to Rescind Statutory Summary Suspension must be filed within 90 days after the notice of summary suspension is served under 625 ILCS 5/2-118.1(b). The hearing must occur within 30 days of filing or on the first court date, whichever comes earlier. The petition is filed in the same Cook County branch court handling the criminal DUI. The four statutory grounds for rescission are: the arresting officer lacked reasonable grounds to believe the driver was in physical control while under the influence, the driver was not properly warned of the consequences of testing or refusal, the driver did not refuse testing, or the test did not indicate a BAC of 0.08 or higher. Missing the 90-day window forfeits the right to any hearing.

The 46-day rule refers to the automatic effective date of the Statutory Summary Suspension under 625 ILCS 5/11-501.1. When a driver either fails chemical testing (BAC 0.08 or above) or refuses to submit to testing, the Secretary of State issues a summary suspension that takes effect on the 46th day after the notice of suspension is served. The 46 days give the driver a window to file a Petition to Rescind Statutory Summary Suspension under 625 ILCS 5/2-118.1 and, if eligible, apply for a Monitoring Device Driving Permit (MDDP) to preserve driving privileges. Missing the 46-day window means the suspension goes into effect and the driver cannot legally drive until it terminates or an MDDP is issued.