After a DUI arrest, the Secretary of State automatically sends a notice that your driver’s license will be suspended on the 46th day after your arrest. The length of that suspension depends on whether you took the field sobriety tests or breathalyzer as well as whether it’s a first or later offense. The minimum suspension period is six months.
Your attorney may fight your suspension by promptly filing a petition with the court. The earlier the petition is filed, the better your chances of driving. This does not mean that you win your DUI. Likewise, if you win your DUI, you could still have a suspended license. The Secretary of State and the Court operate on two different levels. A decision in one does not affect the other.
If you lose the petition, you may still qualify for a Breath Alcohol Interlock Ignition Device (BAIID). You can drive with a BAIID, but you must breathe into the device to start your car.
If you your DUI ends in a supervision, you may get your license back after any suspension period is over AND you pay your reinstatement fee. If you are convicted, the Secretary of State will suspend your license for at least one year. After that suspension, you may apply to regain your license.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).