In Illinois it is presumed that if you are operating a vehicle on a public roadway, you have consented to blood, breath, or urine alcohol testing. Typically, an arresting officer will ask the accused whether they want to submit to such testing. For individuals accused of DUI for the first time within five years, refusing to submit to testing will result in your Illinois driver's license being suspended for 12 months. Failing the test will result in a 6-month license suspension. As you might imagine, the penalties are worse if you are not a first-timer. These suspensions are called Statutory Summary Suspensions. Important to note is that in the eyes of the Illinois Secretary of State, a first time offender is someone who has not had a DUI in the past 5 years. Second or subsequent alleged offenders who refuse testing are subject to a 36-month SSS. If an alleged offender fails testing they will be subject to a 12-month SSS.
Statutory Summary Suspensions take effect 46 days from when the officer served the driver the Notice of Summary Suspension. If the individual was tested by blood or urine, the officer must await the results before issuing the Notice of Summary Suspension. After the officer receives the results from the state of Illinois laboratory, he or she will serve the Notice of Summary Suspension upon the driver. This is when the 46 days timer begins for those who submitted to blood or urine testing. The officer will also send the notice to the Illinois Secretary of State, who will then send a confirmation letter to the driver giving them information regarding their suspension period. It's important to remember that after your SSS period has expired, you must still pay a reinstatement fee with the Illinois Secretary of State in order to legally drive.
In Illinois, if you are convicted of a DUI (non-court supervision disposition) your license will be revoked. The length of the revocation depends on how many convictions an individual has, and when those convictions took place. For example, a first time conviction will result in a license revocation of one year. A second conviction within 20 years of the first conviction will result in a 5-year revocation. A third conviction results in a revocation of 10 years regardless of when the prior convictions took place, and subsequent convictions will result in lifetime revocation of your driver's license (if the priors occurred after January 1st, 1999). You must have a hearing with the Illinois Secretary of State and receive their clearance before a revocation will be lifted. If your revocation is lifted, your reinstatement fee will need to be paid in order to drive legally in Illinois.
If you are facing a suspension or revocation to your Illinois driving privileges as the result of DUI, it is imperative that you contact an attorney right away to discuss your rights. Depending on the facts of your case, you may be able to have the Statutory Summary Suspension lifted and/or avoid driver's license revocation.