DUI License Suspension Hearings in Cook County: What Chicago Drivers Need to Know

DUI Arrests in Chicago Trigger Immediate License Consequences

When someone is arrested for DUI in Chicago, the impact isn’t limited to criminal charges and court appearances. One of the most immediate and confusing aspects of a DUI case in Illinois is the statutory summary suspension of your driver’s license. This automatic suspension goes into effect 46 days after your arrest, unless you take legal action to challenge it.

These hearings are separate from your criminal DUI trial and are held in Cook County Circuit Court, either at the Daley Center in downtown Chicago or in one of the five suburban Cook County courthouses. A statutory summary suspension hearing is your first opportunity to protect your driving privileges and begin building your defense.

As a Chicago DUI lawyer, I’ve represented thousands of clients at these hearings. The procedures can be technical, and prosecutors count on unrepresented defendants to either miss the deadline to challenge the suspension—or show up unprepared. That’s why hiring a qualified attorney immediately after a DUI arrest is the first step to saving your license.

Where Are Statutory Summary Suspension Hearings Held in Cook County?

Cook County is the largest judicial circuit in Illinois and includes six locations where DUI cases—and license suspension hearings—are heard. If your DUI arrest occurred within the city of Chicago, your hearing will likely be held at the Daley Center, located at 50 West Washington Street. This is the primary location for traffic and administrative hearings in the city.

If your arrest occurred outside city limits but still within Cook County, your hearing will take place at one of the following suburban municipal district courthouses:

Skokie Courthouse (Second District) – Serving northern suburbs like Evanston, Niles, and Skokie
Rolling Meadows Courthouse (Third District) – Covering northwest suburbs like Arlington Heights and Palatine
Maywood Courthouse (Fourth District) – Covering western suburbs like Oak Park and Bellwood
Bridgeview Courthouse (Fifth District) – For south and southwest suburbs including Cicero and Oak Lawn
Markham Courthouse (Sixth District) – Covering south suburbs like Harvey and Matteson

Each location has its own courtroom structure and scheduling procedures. However, the legal standard is the same throughout the county. The prosecution must prove that the officer had reasonable grounds to believe you were driving or in control of a vehicle while impaired, that you were properly warned, and that you refused or failed chemical testing.

The hearings are held quickly. Once your attorney files a Petition to Rescind the Suspension under 625 ILCS 5/2-118.1, the court must schedule a hearing within 30 days or on the first court date, whichever is later. If the prosecution is not ready, the suspension may be rescinded automatically.

Criminal vs. Civil: The Two Sides of a DUI Case in Illinois

Many people arrested for DUI don’t understand that their case is actually made up of two separate legal proceedings. One is civil, focused on the administrative suspension of your license. The other is criminal, dealing with whether you’ll be convicted of a DUI under 625 ILCS 5/11-501.

These two cases happen in parallel but are entirely separate in terms of law, procedure, and consequences.

In the civil hearing, you are not being prosecuted for a crime. You are contesting the state’s authority to suspend your license based on either failing a breath, blood, or urine test—or refusing to take one. The standard of proof is lower, and the judge’s decision only affects your driving privileges.

In the criminal case, you are facing misdemeanor or felony DUI charges. These carry the possibility of jail time, probation, fines, court supervision, ignition interlock devices, and a permanent conviction on your record. Your criminal case will be heard in the same courthouse but assigned to a different courtroom and may take months to resolve.

Both cases are critical, and both demand the help of an experienced Chicago criminal defense lawyer who knows how to fight on both fronts.

Fictional Example: DUI Stop in Lakeview and Hearing at the Daley Center

Consider a fictional but typical case. A woman in her early 30s is pulled over in Lakeview for rolling through a stop sign on Clark Street near Belmont. The officer claims he detects the smell of alcohol and observes red eyes. She performs field sobriety tests, which the officer says she fails. She agrees to take a breath test, which shows a 0.09 BAC.

She is arrested and given a Notice of Statutory Summary Suspension. She is told that her license will be suspended in 46 days unless she takes action. Fortunately, she hires a DUI attorney in Chicago within a week.

I file a Petition to Rescind the Suspension and demand a hearing. At the Daley Center, we subpoena the arresting officer and demand all video footage. During the hearing, I cross-examine the officer about the stop and the testing process.

It turns out the breath test was administered improperly, violating Illinois Administrative Code Section 1286.310, which governs the observation period before breath testing. I present evidence that the officer did not observe the driver for the required 20 minutes. The judge agrees. The statutory suspension is rescinded, and her license remains valid.

That success at the license hearing also puts pressure on the prosecution in the criminal DUI case. With the officer’s credibility now in question, we file a motion to suppress evidence in the criminal matter. That case is eventually dismissed.

What Evidence is Used in DUI and License Suspension Hearings?

In both types of DUI proceedings—civil and criminal—the evidence used by the state often overlaps. That evidence may include:

Police dashcam and bodycam footage
Officer testimony
The arrest report and sworn law enforcement affidavit
Breathalyzer results
Blood or urine test results
Video from inside the station
Booking records
Any statements made by the driver

One of the most important tools in the summary suspension hearing is the ability to cross-examine the officer under oath. This testimony can later be used in your criminal case if the officer contradicts themselves or admits to skipping procedures.

The success of your defense often depends on uncovering inconsistencies between the officer’s report, their sworn testimony, and video evidence. That requires a Chicago DUI defense attorney who is experienced with suppression tactics, technical rules of evidence, and police procedures.

Why Hiring a Criminal Defense Lawyer Immediately After Arrest Is Essential

Time is not on your side after a DUI arrest. If you don’t file for a summary suspension hearing within 30 days, your license will be suspended automatically. If you show up without a lawyer, you risk walking into a hearing unprepared to challenge the officer’s claims. And if you wait to see how things go in court before hiring an attorney, you may have already lost your license by the time your criminal case is even underway.

By hiring a Chicago criminal defense lawyer immediately after your arrest, you can take control of the process. A skilled attorney will:

File all necessary motions and petitions within deadlines
Appear on your behalf so you don’t miss work or obligations
Challenge flawed evidence or improper procedures
Cross-examine the arresting officer to expose weaknesses in the case
Seek to rescind the license suspension before it takes effect
Use the officer’s testimony to support a dismissal or reduced charge in criminal court

Defending both the administrative and criminal sides of your DUI case isn’t just smart—it’s necessary.

FAQs – DUI Suspension Hearings in Chicago and Cook County

Can I still drive after a DUI arrest in Chicago?
Yes, you can legally drive for 45 days after your DUI arrest, even if you failed or refused chemical testing. The statutory summary suspension begins on the 46th day unless your lawyer successfully contests it in court.

What if I missed the 30-day deadline to request a hearing?
If you miss the deadline, the suspension will automatically take effect. In limited cases, we may be able to request a late hearing due to procedural issues or improper service of the suspension notice. Talk to a Chicago DUI lawyer right away.

Do I need to go to the license hearing if I hire a lawyer?
In many cases, your attorney can appear on your behalf, especially at the initial hearing. However, you may need to be present if testimony is required or if your presence is needed for a full evidentiary hearing.

Will my license be suspended even if I win the DUI case?
Yes. The summary suspension is a civil matter and is separate from the criminal DUI case. Winning the criminal case does not automatically restore your license. You must win the Petition to Rescind to avoid suspension.

What happens if I win the summary suspension hearing?
Your license remains valid, and the statutory summary suspension is canceled. However, you still face the criminal DUI charge unless that case is separately dismissed or resolved.

How much does it cost to fight the suspension?
Legal fees vary depending on the complexity of your case, but the cost of not fighting is much higher. A suspended license affects every part of your life. Most DUI attorneys in Chicago offer affordable payment plans and free consultations.

Can I drive with a BAIID if I lose the hearing?
Yes. If you’re a first-time offender and over 18, you may be eligible for a Monitoring Device Driving Permit (MDDP) after a 30-day hard suspension period. This requires installation of a Breath Alcohol Ignition Interlock Device in your vehicle.

Why Clients Choose The Law Offices of David L. Freidberg

If you’ve been arrested for DUI in Chicago or anywhere in Cook County, you are facing more than just a courtroom appearance. You are at risk of losing your license, your job, and your reputation. You deserve a lawyer who will act quickly, challenge the evidence, and defend both your criminal record and your driving privileges.

At The Law Offices of David L. Freidberg, I’ve been defending clients charged with DUI for decades. I’ve handled thousands of summary suspension hearings and know how to win them. Whether your case is at the Daley Center, Maywood, Rolling Meadows, or any Cook County court, I will fight to protect your license and your future.

Call The Law Offices of David L. Freidberg for Help With Suspended License and Driving Permits in Chicago

If your license is suspended in Chicago or you’ve been charged with driving while suspended, get help immediately. The Law Offices of David L. Freidberg offers free consultations and aggressive representation across Cook County, DuPage County, Will County, and Lake County.

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.