In Illinois, the Secretary of State automatically suspends your driver’s license on the 46th day after your arrest for DUI.  To have any chance of beating that suspension, you must act quickly, because there are certain deadlines.

Illinois law allows you to petition the court to overturn or rescind that suspension within 90 days of receiving notice. (See 625 ILCS 5/2-118.1(b))    But don’t wait until day 89 or even day 29. You have a much greater chance of winning your petition if you file as early as possible.  This is because state law requires a hearing on your petition within 30 days of its filing.  The earlier your attorney files your petition, the less likely the state will be ready to proceed at hearing.  In that case, your petition will likely be granted.

Ideally, your attorney should file your petition so that you are ready to proceed on the first court date. Note that any delay attributable to you extends the time in which the hearing may be held.

If you have been charged with a DUI or a similar offense, contact an experienced attorney immediately. An attorney can take the steps necessary to file the petition on your behalf as well as reviewing your case for your best possible defense.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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