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Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the driver's license of a DUI offender who fails, refuses to submit to, or fails to complete chemical testing. The suspension becomes effective on the 46th day after the date of the suspension notice.

If an individual is arrested for DUI, it is a serious offense that can have major repercussions, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing an Illinois DUI understand what challenges they will encounter. Seeking the legal advice of an aggressive and knowledgeable DUI criminal defense attorney will help you understand all of your rights and options, including any defenses you might use.

The DUI criminal charge is prosecuted and adjudicated in the Illinois courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of a DUI charge in Illinois who lost their driving privileges because of a summary suspension will have that time credited to the minimum Illinois driver's license period of license suspension.

Administrative Hearing

Pursuant to Illinois law, an individual has 90 days to request a hearing to challenge a Statutory Summary Suspension from the Illinois Secretary of State. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Secretary of State within 90 days.

DUI Penalties for First Time Offenders

• Monetary Fines - Fines for a first time DUI can be up to $2,500.00
• Driving Privileges - A first DUI conviction results in the loss of Illinois driving privileges for at least one (1) year.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 12 months.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.

Driving Under the Extreme Influence - BAC (blood-alcohol concentration) of .16 or greater

A first conviction is a Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year (if under 21, minimum 2 years); 100 hours community service; fines of $500-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Driving Under the Influence - Child Endangerment

(driver over age 21 transporting a child under age 16)

First conviction - Mandatory six (6) months jail time and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional Driving Under the Influence (DUI) violations. Due to the complexity of Illinois DUI laws, you may not be aware of your rights and the potential defenses available to your case. An experienced and competent attorney can guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated Driving Under the Influence (DUI) with a Death

• A first conviction is a Class 4 felony with possibility of 1-3 years jail time; loss of driving privileges for twice the original suspension period or additional 1-year revocation.
  • If suspended for previous Driving Under the Influence (DUI): Additional 30 (thirty) consecutive days jail time, 40 (forty) days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension or reduction); not eligible for probation; fines of up to $2,500; and may result in forfeiture and seizure of vehicle.

Des Plaines, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they have used any illegal substance, have a BAC of .08 percent or greater, or are impaired by mediacation. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing BAC levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired. 2004 BAC levels When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.