DUI License Suspension in Illinois

Most states consider a driver with a blood alcohol level of 0.08% or higher to be considered intoxicated. The state of Illinois is no different in recognizing this number as being the minimum level of intoxication to charge drivers with a DUI.

While most states follow the same standards when charging drivers with DUIs, the punishment for the same offense varies a good deal from state to state. For example, drivers face jail time for their first DUI offense while in Wisconsin a first-time offender isn’t typically charged with a crime. The punishment for Illinois drivers is neither as severe nor lenient, but still comes with a set of notable consequences for drivers who are charged with driving under the influence.

Statutory Summary Suspension in Illinois

In the state of Illinois, driver's licenses are automatically suspended when someone is charged with a DUI under the Statutory Summary Suspension law. This suspension also goes into effect if you are suspected of a DUI but refuse to submit to any blood alcohol testing to gauge the level of your intoxication at the time of your arrest.

While the suspension is not immediate, it does go into effect soon after a DUI arrest. For Illinois residents, there is a period of 45 days following their arrest before this automatic suspension takes place.

How Long Will My License Be Suspended?

The period of time your license will be suspended depends on a few factors set forth in the Statutory Summary Suspension law. If you have not been convicted of a DUI or had any DUI-related suspensions in the past five years, you will be considered a first-time offender. It is important to note, this first-time offender status only relates to the license suspension and not any criminal charges you may face.

In these cases, your license will be suspended for six months if your blood alcohol tests revealed you were intoxicated. Your license will automatically be suspended for one year if you refuse to submit to any blood alcohol testing.

Can I Get My License Back?

Depending on the facts surrounding your DUI arrest, you may be able to get your license back provisionally. But there are strict requirements for reinstating your license after being charged with a DUI. In some situations, it is entirely impossible due to a previous DUI record or whether or not you were involved in a DUI-related accident with injuries. It is best to consult with an experienced DUI attorney regarding your license suspension and any options you may have to get it back as soon as possible.

For those individuals who meet the eligibility requirements, they may be able to continue to drive with a Monitoring Device Driver’s Permit (MDDP). As its name implies, the MDDP requires the installation of a breath ignition interlock device (BAIID) in the vehicle in order to drive. This is often a viable option for individuals who need their vehicle to get to and from work and other commitments.

Tommy Wyher is a Tampa native who works in various startups.