What Happens to Your Driver’s License After a DUI Arrest in Illinois?

Arrested for DUI in Chicago? Here’s What Happens to Your Driving Privileges

If you were arrested for DUI in Chicago, the road ahead can be more than just legal hearings and court appearances. One of the most immediate and stressful consequences of a DUI arrest in Illinois is the effect on your driver’s license. Whether you’re facing your first offense or a subsequent charge, losing the ability to drive can impact every area of your life—your job, your family, and your independence. In Illinois, DUI is a serious offense that may be charged as a Class A misdemeanor or even a felony, depending on the circumstances. Every case begins with a stop or an accident investigation, and once you are arrested, the Secretary of State gets involved in the license suspension process independent of any criminal conviction.

In Chicago, where access to public transportation is broad but often impractical for people working irregular hours or living in suburban areas, losing your license can be devastating. If you drive in Cook County, Will County, DuPage County, or Lake County, you are subject to the Illinois Vehicle Code—specifically 625 ILCS 5/11-501. A DUI arrest under this statute can trigger both criminal and administrative proceedings that affect your license. Even if you are never convicted, your license can still be suspended or revoked depending on the outcome of the statutory summary suspension process.

Statutory Summary Suspension: The Immediate Impact

Illinois law imposes a statutory summary suspension under 625 ILCS 5/11-501.1 when a person either refuses to submit to chemical testing or submits and fails with a BAC of .08 or higher, or other controlled substances in their system. This suspension is automatic and civil in nature, meaning it proceeds regardless of the outcome of your criminal DUI charge. For a first-time DUI offense, failing the chemical test results in a six-month license suspension, while refusal to test leads to a 12-month suspension.

The criminal charge itself under 625 ILCS 5/11-501 is typically a Class A misdemeanor for a first offense, punishable by up to 364 days in jail and a fine of up to $2,500. However, aggravating factors—such as a DUI resulting in bodily harm, a second DUI with a child passenger, or a third DUI offense—can turn this into a felony, bringing much more serious consequences.

License revocation is not the same as suspension. Revocation is indefinite and must be cleared by a formal hearing with the Illinois Secretary of State. A first-time DUI typically does not lead to revocation unless someone is injured, there was a fatality, or you have prior DUI history. But even a summary suspension can leave you without driving privileges unless you apply for a Monitoring Device Driving Permit (MDDP) with a breath alcohol ignition interlock device (BAIID).

How DUI Cases Start and What Law Enforcement Looks For

DUI cases often begin with a routine traffic stop or a crash investigation. Officers are trained to look for indicators of impairment, such as slurred speech, glassy eyes, unsteady balance, or the odor of alcohol or cannabis. They often conduct field sobriety tests based on the National Highway Traffic Safety Administration (NHTSA) guidelines. These include the Horizontal Gaze Nystagmus test, the Walk-and-Turn, and the One-Leg Stand. Failing any of these can establish probable cause for an arrest.

Once an arrest is made, the officer will request a breath, blood, or urine test. Refusal to submit, as we noted earlier, will lead to a statutory suspension that is often longer than if you had complied. Officers may also collect dashcam or body cam video, observe your behavior on scene or in the station, and document any statements you make. They may subpoena surveillance footage from businesses, or witness statements from other drivers or pedestrians. All of this can be used to build the prosecution’s case against you.

The Criminal Defense Process and How We Defend DUI Charges

The DUI trial process in Illinois typically starts with your arraignment, where you are formally charged. Then we proceed to the discovery phase, where we request and examine all evidence the prosecution plans to use. This includes police reports, chemical test results, video footage, and more. Many DUI cases can be won or significantly improved before ever reaching trial, through motions to suppress unlawfully obtained evidence, contesting the legality of the traffic stop, or challenging the administration of field sobriety or chemical tests.

In one recent case in Cook County, we represented a client stopped for allegedly swerving on the Dan Ryan Expressway. Our client had bloodshot eyes and admitted to having “a couple drinks.” He failed two of the three field sobriety tests and was arrested. At the station, he refused the breath test. The summary suspension was automatic, and a Class A misdemeanor charge followed. We challenged the basis for the stop and showed that our client’s dashcam disproved the officer’s version of events. The motion to suppress was granted, and both the criminal charge and license suspension were thrown out.

These are the kinds of results we aim for. Each case is unique, but what remains constant is that a strong defense begins with early and aggressive action.

Legal Penalties and Collateral Consequences

As mentioned earlier, a DUI in Illinois can be charged as a misdemeanor or felony. A first or second offense is typically a misdemeanor unless there is bodily harm or a child under 16 in the car. Third or subsequent DUIs are felonies, classified from Class 2 to Class X depending on the facts. Conviction carries potential jail time, fines, mandatory drug and alcohol treatment, and license revocation.

But the punishment doesn’t stop there. A conviction stays on your record for life. There is no expungement or sealing available for DUI under Illinois law. This can affect employment, insurance rates, immigration status, and your standing in custody or divorce cases. The license penalties may also prevent you from driving for work or family obligations unless you obtain a restricted driving permit.

Why You Need a Criminal Defense Lawyer Every Step of the Way

From the moment of arrest, your rights are on the line. Every word you say, every form you sign, and every decision you make can affect the outcome of your case. An attorney protects you from mistakes that could cost you your freedom or your license. We ensure that you meet all deadlines, including the crucial 90-day window to request a hearing to challenge the summary suspension.

We evaluate the evidence with an eye toward weaknesses. Was the stop legal? Was the test properly administered? Was the officer properly certified? We also help you apply for a Monitoring Device Driving Permit and walk you through the BAIID installation process. Our team works hard to negotiate reductions, obtain dismissals, or win at trial.

Legal Defenses That May Apply in Your Case

There are several viable legal defenses to DUI in Illinois. One is the lack of probable cause to stop your vehicle in the first place. If the officer cannot justify the initial stop, any evidence collected afterward may be inadmissible. Another common defense involves the field sobriety or chemical testing process. If the officer did not follow proper protocol or lacked proper certification, that can also lead to suppression.

Rising BAC is another defense, which argues that your BAC was below the legal limit while driving but rose afterward due to alcohol absorption. Medical conditions, such as acid reflux or diabetes, can also cause false positives. In certain cases, we use toxicology experts or accident reconstructionists to challenge the prosecution’s theory.

What to Look For in a DUI Defense Lawyer in Illinois

When facing DUI charges in Chicago or elsewhere in Illinois, you need someone with a proven history of fighting these charges. You want a lawyer who knows the courts in Cook, DuPage, Will, and Lake Counties, who has built relationships with prosecutors and judges. Look for an attorney who explains things clearly, who is available when you need answers, and who puts your case above their caseload.

A qualified lawyer should not push you into pleading guilty unless all other options have been exhausted. They should fight to save your license and clear your record, not just minimize penalties. Ask them how many DUI cases they’ve handled, how many went to trial, and what outcomes they achieved.

Questions to Ask During Your Free Consultation

Ask the attorney what their approach would be for your case. Ask how often they handle cases in the courthouse your case will be assigned to. Ask what the potential outcomes are and how they plan to achieve them. Be sure to ask whether they will be handling your case personally or handing it off to an associate. Inquire about the cost, payment plans, and what is included in the fee.

The right lawyer will welcome your questions. You are trusting this person with your freedom and your future—don’t settle for someone who rushes through the consultation or avoids specifics.

City-Relevant FAQs on DUI and License Consequences in Illinois

Can I drive after a DUI arrest in Chicago before my court date? Yes, in most cases. If your license is subject to statutory summary suspension, it usually does not go into effect until the 46th day after your arrest. Until then, you may drive legally with your existing license unless otherwise prohibited.

What is a Monitoring Device Driving Permit (MDDP)? An MDDP allows first-time DUI offenders to drive during their suspension, provided they install a BAIID device in their vehicle. You must apply through the Illinois Secretary of State, and approval can take several weeks.

How do I challenge the suspension of my driver’s license? You must file a Petition to Rescind the Statutory Summary Suspension in the circuit court where your case is pending. This must be done within 90 days of your arrest, and a hearing must be held within 30 days of filing or your first court date.

What if I was driving on a suspended license when arrested for DUI? Driving on a suspended or revoked license due to a DUI can lead to felony charges under 625 ILCS 5/6-303. This can result in mandatory jail time, an extended revocation, and additional fines.

How does a DUI affect rideshare drivers or commercial license holders in Illinois? For rideshare drivers or those with a CDL, the consequences are even more severe. A DUI can result in immediate disqualification from commercial driving and may permanently affect your career, even for a first offense.

Can I expunge or seal a DUI conviction in Illinois? No. Illinois law does not allow expungement or sealing of DUI convictions, even if you complete supervision. This is why it is critical to avoid a conviction.

Is court supervision available for DUI in Illinois? Yes, but only for first-time offenders. Supervision is a form of deferred judgment that avoids a conviction if successfully completed. However, supervision still results in a suspension and cannot be expunged.

Does the arrest stay on my record if charges are dropped? Yes, but you may be eligible to expunge the arrest record if no conviction results. You must petition the court and meet certain criteria.

How long does DUI stay on your driving record in Illinois? A DUI conviction stays on your driving record for life. However, license reinstatement may be available after a certain period, depending on your driving history.

Can I still get a job with a DUI arrest or conviction on my record? It depends. Some employers may disqualify you, especially if driving is part of the job. A conviction is much harder to overcome than an arrest alone.

Why You Need a DUI Defense Attorney Now

The decisions you make in the hours and days following a DUI arrest can change the course of your life. Failing to act quickly can lead to automatic license suspensions, missed opportunities to challenge evidence, and potentially irreversible convictions. Representing yourself or going with a public defender who lacks the time or experience can be a costly mistake.

At The Law Offices of David L. Freidberg, we take an aggressive, strategic approach to DUI defense. We understand how Cook County courts handle these cases, and we know what it takes to get results. We serve clients not only in Chicago but throughout DuPage County, Will County, and Lake County. Our firm fights to protect your license, your freedom, and your future.

When You Need a Fighter, Call Us

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.