One of the first questions people have after a DUI arrest is whether they can still drive.
In Illinois, the answer is often yes—at least temporarily—but it depends on what happened during the arrest and the status of your driving privileges.
A DUI arrest can create two separate legal issues. The first is the criminal DUI case. The second involves your driver’s license and what Illinois calls a statutory summary suspension. These two proceedings are related, but they are not the same thing.
Understanding that distinction is important because your driving privileges can be affected before the criminal DUI case is resolved.
You May Still Be Able to Drive During the First 45 Days
A statutory summary suspension does not begin the moment you are arrested.
If you receive notice of a statutory summary suspension following a DUI arrest, the suspension generally takes effect on the 46th day after the date you were given notice.
If your driver’s license was valid at the time of the arrest, you may receive documentation that allows you to continue driving during that initial period.
That does not mean you should ignore the suspension until day 46.
The period immediately following a DUI arrest can be important because there may be grounds to challenge the statutory summary suspension, and decisions concerning driving relief may need to be addressed before the suspension begins.
Why Would Your License Be Suspended After a DUI Arrest?
Illinois has an implied-consent law. A person who drives or is in actual physical control of a vehicle on Illinois public highways is generally deemed to have consented to chemical testing under the circumstances provided by Illinois DUI law.
Following a DUI arrest, a statutory summary suspension may result when a driver:
- Submits to chemical testing and the test produces a result that meets the statutory criteria for a failed test; or
- Refuses or fails to complete requested chemical testing.
For a qualifying first offender, failing chemical testing generally results in a six-month statutory summary suspension.
A qualifying first refusal generally results in a 12-month statutory summary suspension.
Longer suspension periods can apply when a driver has qualifying prior DUI-related history.
The statutory summary suspension is an administrative consequence of the DUI arrest. It is separate from whether the State ultimately proves the criminal DUI charge.
Does Refusing a Breath Test Let You Keep Your License?
Not necessarily.
People sometimes assume that refusing chemical testing prevents the State from taking action against their driver’s license. Illinois law provides significant license consequences for refusing requested chemical testing.
For a qualifying first offender, refusal generally results in a longer statutory summary suspension than failing the test: 12 months for a refusal compared with six months for a failed test.
A refusal may also become an issue in the criminal DUI case.
Whether submitting to or refusing testing helped or hurt a particular DUI defense depends on the facts of that individual case. What happened before the testing request, how the request was made, what warnings were provided, the type of test involved, and other circumstances can all matter.
Can You Challenge the Statutory Summary Suspension?
Yes.
Illinois law provides a procedure for asking the circuit court to rescind a statutory summary suspension.
A challenge is not simply a trial of the DUI charge. It is important to understand that challenging a Statutory Summary Suspension is considered a civil matter. The court considers specific statutory issues relating to the suspension, which can include circumstances surrounding the stop, arrest, warnings, testing, or refusal.
Importantly, requesting a hearing does not automatically stop the suspension from beginning.
That is one reason it can be useful to have the license issue reviewed soon after a DUI arrest rather than waiting until the criminal case is further along.
Can You Drive While the Suspension Is in Effect?
Some drivers can.
A person who qualifies as a first offender for purposes of Illinois law may be eligible for a Monitoring Device Driving Permit, commonly called an MDDP.
An eligible driver using an MDDP must generally drive a vehicle equipped with a Breath Alcohol Ignition Interlock Device, or BAIID.
Unlike some forms of restricted driving relief, an MDDP can allow an eligible person to drive without limiting driving only to work, school, medical appointments, or certain hours. The BAIID requirements must be followed whenever the person drives.
Not everyone arrested for DUI qualifies for an MDDP. Eligibility can be affected by prior DUI history, the status of the person’s license, age, circumstances involving death or great bodily harm, and other factors.
What If Your License Was Already Suspended or Revoked?
A DUI arrest does not erase an existing problem with your license.
If your Illinois driving privileges were already suspended, revoked, or otherwise invalid before the DUI arrest, the fact that a new statutory summary suspension has not yet begun does not mean you are legally permitted to drive.
This is particularly important in cases involving people who have multiple traffic or DUI matters on their driving record.
Before driving after an arrest, it is important to determine the actual status of your license rather than assuming that the 45-day period automatically gives everyone permission to drive.
The Criminal DUI Case Is Separate
The statutory summary suspension and the criminal DUI prosecution should not be confused.
A person can challenge the license suspension while also defending the DUI charge itself.
The criminal case can involve issues such as:
- Whether police had a lawful basis for the traffic stop;
- Whether there was probable cause for the arrest;
- The officer’s observations;
- Field sobriety testing;
- Body-camera or squad-car video;
- Breath, blood, or urine testing;
- The reliability and admissibility of the State’s evidence; and
- Whether the prosecution can prove each required element of the DUI charge beyond a reasonable doubt.
A DUI arrest is not the same thing as a DUI conviction.
The license issue simply moves on a different track, and sometimes on a much faster timeline.
What Should You Do After a DUI Arrest in Rockford?
If you were arrested for DUI in Rockford, Winnebago County, or elsewhere in Northern Illinois, do not assume that your license is already suspended—and do not assume that you have months to deal with the problem.
Find out:
When was the suspension notice issued?
When is the suspension scheduled to begin?
Did you submit to chemical testing or refuse it?
Do you have prior DUI-related history that affects how Illinois classifies you?
Are there grounds to challenge the statutory summary suspension?
Will you qualify for an MDDP or another form of driving relief?
Those questions can be addressed separately from the ultimate question of whether the State can prove the DUI charge.
Talk to a Rockford DUI Defense Lawyer
A DUI can affect both your criminal record and your ability to drive, and the license portion of the case can begin moving before the criminal charge is resolved.
Attorney Cassandra Hirth represents people facing DUI and other criminal charges in Rockford, Winnebago County, and throughout Northern Illinois.
If you have been arrested for DUI and have questions about your driver’s license, the criminal charge, or both, contact Hirth Law to discuss your situation.
Hirth Law, LLC
303 North Main Street, Suite 501
Rockford, Illinois 61101
(815) 315-1933
This article provides general information about Illinois law and is not legal advice regarding any particular case.