How Long is a DUI License Suspension in Illinois?

Driving under the influence (DUI) is no joke in Illinois and comes with big legal and personal consequences. One of the first things that happens when you get a DUI is your license gets suspended.

But how long is that suspension, and what determines its length?

Let’s break down the factors affecting DUI license suspensions in Illinois to offer some clarity for those facing this challenging situation.

Understanding DUI License Suspensions in Illinois

When you get a DUI in Illinois, you may have your license suspended before you are even convicted. This suspension is called a statutory summary suspension and is handled by the Illinois Secretary of State.

Statutory Summary Suspension: What That Means

A statutory summary suspension is an automatic administrative action on your driver’s license if you are arrested for DUI and either fail or refuse a chemical test (breathalyzer). This is separate from any criminal penalties you may face.

In general:

• If you fail a chemical test, your license will be suspended for 6 months.
• If you refuse a chemical test, your license will be suspended for 1 year.

These suspensions apply regardless of the outcome of your DUI case, so it’s important to know the details. Getting legal help early can make a big difference in this situation.

Factors That Determine Suspension Length

Several factors can affect the length of a DUI suspension in Illinois. These include if it’s your first offense, if you consented to testing, and if there are any aggravating circumstances.

Each of these will affect how long you lose your driving privileges. For example, first-time offenders may get shorter suspensions than those with prior DUIs or aggravated DUI circumstances.

License Reinstatement: How It Works

Once your suspension is over, you can start getting your license back. But it’s not automatic, and you must meet certain requirements before the Illinois Secretary of State will reinstate your driving privileges.

Here’s a step-by-step guide:

1. Pay the fees: You will need to pay the reinstatement fee, which is $250 to $500, depending on the DUI offense.
2. Show proof of insurance: You will need to show proof of financial responsibility, which is usually an SR-22 insurance certificate.
3. Complete required programs: Depending on your offense, you may need to complete a drug or alcohol evaluation and education or treatment programs.
4. Attend a hearing: In some cases, you may need to attend a hearing with the Secretary of State to determine if you are eligible for reinstatement.

This can be a long and detailed process, but with the right approach, you can get your driving privileges back. Consulting an attorney can make sure everything is done correctly.

Hardship License: A Temporary Solution

While your license is suspended, you may be eligible for a hardship license, also known as a Monitoring Device Driving Permit (MDDP). This allows you to drive for limited purposes, such as going to work or school during your suspension. But there are conditions:

• You must install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle, which will not allow you to start your car if alcohol is detected in your breath.
• You must have zero BAC while driving with a hardship license.

Getting a hardship license can give you some relief during the suspension, but failing to comply with the requirements can add to the penalties.

How an Attorney Can Assist

Going through the legal process after a DUI arrest can be daunting, but having an attorney on your side can make it easier. A good DUI attorney can help in:

• Contest the suspension: In some cases, your attorney may be able to contest the suspension of the statutory summary. This could mean challenging whether the police had probable cause to stop you or whether the chemical test was done properly.
• Walk you through the reinstatement process: From paperwork to court hearings, an attorney can walk you through the entire reinstatement process making sure nothing is missed.
• Help you get a hardship license: Your attorney can help you apply for and navigate the requirements of the hardship license so you can meet your needs during the suspension.

By working with an attorney, you can minimize the long-term impact of the DUI on your life and driving record.

Driving on a Suspended License

Driving on a suspended license in Illinois can have severe penalties. These can be:
Fines from $500 to $2,500.

• Up to 364 days in jail.
• Extended or permanent revocation of your driver’s license.

If you get caught driving while your license is suspended, you can be charged with a crime on top of the DUI. Make sure you follow all the legal requirements and wait until you are legally allowed to drive again.

Bottom Line

A DUI and suspension can be daunting. Knowing the suspension process and the steps to get your driving privileges back is key. If you have a suspended license (DUI) in Illinois, make sure you get legal advice and explore your options, whether it’s contesting the suspension or applying for a hardship license. The team at Azhari LLC can help you with everything so you can get your license back as soon as possible.

FAQs

1. How long will my license be suspended if I don’t take a chemical test?

If you don’t take a chemical test in Illinois, your license will be suspended for one year, regardless of if it’s your first offense.

2. Can I get my license back before the suspension is over?

In some cases you can apply for a hardship license which will give you limited driving privileges. But the full reinstatement process can’t start until the suspension is over.

3. Will a DUI be on my record forever?

In Illinois, a DUI will be on your driving record for life. But you may be able to seal or expunge some records depending on the situation.

4. Can I contest a statutory summary suspension?

Yes, you have the right to contest a statutory summary suspension in court. Working with an attorney will increase your chances of winning.

5. What happens if I drive on a suspended license?

Driving on a suspended license can result in additional fines, potential jail time, and an extended suspension.