Illinois Secretary of State and Driver's License Information
The criminal DUI case is only half of what a Chicago driver faces after a DUI arrest. The other half is the license suspension, administered by the Illinois Secretary of State on a track that runs separately and on its own deadlines. Many drivers focus all their attention on the criminal case and lose their license through inaction on the Secretary of State side. Don't let that happen. Call (888) 828-2305 for a free 24/7 consultation with a Chicago DUI lawyer.
The Statutory Summary Suspension
Under 625 ILCS 5/11-501.1, every Illinois DUI arrest triggers a Statutory Summary Suspension when the driver either fails a chemical test (BAC .08 or higher) or refuses the test. The suspension is administrative; it does not require a conviction in the criminal case.
Suspension Length
- First offender, failed test: 6-month suspension.
- First offender, refused test: 1-year suspension.
- Not a first offender, failed test: 1-year suspension.
- Not a first offender, refused test: 3-year suspension.
"First offender" for these purposes means no prior DUI within 5 years and no prior Statutory Summary Suspension within 5 years.
When the Suspension Takes Effect
The Statutory Summary Suspension takes effect on the 46th day after the date the officer issued the suspension notice (typically at the time of arrest). The 45-day window gives the driver time to request a hearing to challenge the suspension.
The Statutory Summary Suspension Hearing
A driver has up to 90 days from the date of arrest to request a hearing challenging the suspension. The hearing is held in the circuit court where the underlying criminal case is pending. The hearing is civil, with a preponderance of the evidence standard.
Grounds to Challenge the Suspension
Illinois law limits the grounds for challenging a Statutory Summary Suspension at this hearing to specific issues:
- Whether the arresting officer had reasonable grounds to believe the driver was DUI.
- Whether the driver was properly warned of the consequences of refusal.
- Whether the driver actually refused or failed the test.
- Whether the testing was performed in accordance with regulations.
A successful challenge means the suspension is rescinded. Even when the criminal DUI case proceeds, the driver keeps the license through the criminal case.
Restricted Driving Permits and Monitoring Device Driving Permits
Even when the Statutory Summary Suspension takes effect, drivers may be able to drive for limited purposes through one of two permit programs.
Monitoring Device Driving Permit (MDDP)
First offenders are automatically eligible for an MDDP after a 30-day waiting period. The MDDP allows unrestricted driving but requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID). The MDDP runs alongside the Statutory Summary Suspension.
Restricted Driving Permit (RDP)
Drivers who are not eligible for MDDP, or who are revoked rather than suspended, may petition for a Restricted Driving Permit. The RDP allows driving for limited purposes only: work, school, medical, daycare, community service, support of family. The driver must demonstrate hardship and undergo a formal hearing if revoked or an informal hearing if suspended.
License Revocation Versus Suspension
Suspension is for a defined period after which driving privileges automatically resume. Revocation is indefinite; driving privileges do not automatically resume. The driver has to petition for reinstatement, demonstrate fitness to drive, and receive an affirmative decision.
A DUI conviction triggers mandatory revocation under 625 ILCS 5/6-205. The minimum revocation periods are:
- First DUI conviction: 1 year.
- Second DUI conviction: 5 years.
- Third DUI conviction: 10 years.
- Fourth and subsequent DUI conviction: lifetime, with possible reinstatement after 5 years through formal hearing for some defendants.
The Reinstatement Hearing
To reinstate after a DUI revocation, the driver has to petition the Illinois Secretary of State for a hearing. The hearing is formal for serious revocations (multiple DUI, fatal accidents) and informal for simpler cases.
What the Driver Has to Show
- A current alcohol and drug evaluation by a state-licensed evaluator.
- Documentation of any treatment recommended by the evaluation.
- A treatment update if treatment was completed long ago.
- Letters of support from sponsors, treatment providers, employers.
- Documentation of sobriety, including AA attendance if applicable.
- Personal statement.
- SR-22 high-risk insurance certification.
The hearing officer evaluates whether the driver has addressed the underlying issues that led to the DUI and whether reinstating driving privileges is consistent with public safety.
The BAIID Requirement
The Breath Alcohol Ignition Interlock Device is required:
- For all MDDP holders (first-offense Statutory Summary Suspension).
- For most RDP holders after DUI revocation.
- For all reinstated drivers after a second or subsequent DUI conviction.
BAIID installation costs vary by provider but typically run $1,000 to $1,500 over the required period when factoring in installation, monthly monitoring, calibration, and removal.
SR-22 High-Risk Insurance
SR-22 is not insurance itself; it is a certification filed by an insurance company that the driver carries the required minimum insurance. Illinois requires SR-22 certification for 3 years after a DUI conviction. The driver must maintain continuous coverage without lapse; any lapse triggers a new license action.
Out-of-State Drivers
The Illinois Statutory Summary Suspension applies to a driver's privilege to drive in Illinois. For out-of-state drivers, the suspension is reported through the Driver License Compact to the home state, which generally applies its own laws to determine reciprocal consequences. See our out-of-state DUI page.
Practical Steps After a DUI Arrest
- Note the date of arrest. The 90-day clock to request the Statutory Summary Suspension hearing starts here.
- Get a copy of the Statutory Summary Suspension notice the officer should have given you.
- Engage a Chicago DUI lawyer immediately. The Statutory Summary Suspension hearing has to be requested in writing through the court; the deadline is firm.
- Start the alcohol-and-drug evaluation. Even if the criminal case is not resolved yet, the evaluation will likely be needed eventually.
- If the suspension takes effect, decide whether MDDP or RDP is the appropriate path and begin the application.
Related Pages
- Notify Secretary of State - procedural notification.
- DUI information - Illinois DUI law overview.
- DUI penalties - criminal penalties.
- Court supervision - first-offense criminal alternative.
- Out-of-state DUI - cross-state implications.
Free 24/7 Consultation
The Statutory Summary Suspension hearing deadline is unforgiving. Call (888) 828-2305 immediately for a free consultation with a Chicago DUI lawyer. Available 24 hours a day, seven days a week.