How Long Does a Statutory Summary Suspension Stay on Your Record in Illinois?

Understanding the Impact of DUI Arrests on Your Driving Record in ChicagoGetting arrested for DUI in Chicago is a serious matter, even before the case ever reaches trial. Many people don’t realize that their driver’s license may be suspended automatically through a statutory summary suspension, often without a court even determining whether they were guilty. This type of suspension is separate from the criminal case and can stay on your Illinois driving record for years—unless it is fought and removed through the proper legal process.The streets of Chicago are heavily patrolled by law enforcement targeting drunk and drugged driving offenses. Whether you’re stopped in Bucktown, Pilsen, Jefferson Park, or the South Loop, a DUI arrest triggers two different cases: a criminal prosecution, and a license suspension handled by the Illinois Secretary of State.The statutory summary suspension is an administrative license action triggered by a failed or refused breath, blood, or urine test. Even if your DUI charge is later dismissed, this suspension remains in place unless it is rescinded in a separate court hearing. That’s why people who are never convicted still find the suspension haunting them on their driving abstract, years later.The law governing this suspension comes from 625 ILCS 5/11-501.1 and 5/2-118.1. These statutes give law enforcement and the Secretary of State the power to suspend your driver’s license almost immediately after a DUI arrest—without requiring a criminal conviction.If you live or drive in Illinois and especially if you rely on your license for work or family responsibilities, you need to understand what this suspension means, how long it lasts, and how a Chicago DUI lawyer can help you avoid the long-term consequences.

Statutory Summary Suspension vs. DUI Conviction: What Stays on Your Record?One of the biggest misunderstandings I see from clients is the assumption that if they beat the DUI charge, everything else goes away. That’s simply not how Illinois law works.A statutory summary suspension is separate from a criminal conviction. It stems from the civil administrative process, not the courtroom trial. This means the Secretary of State imposes it independently, based on whether you failed or refused chemical testing at the time of your arrest.Let’s break down how long this suspension stays on your record.First, the suspension period itself is:

6 months if you fail a chemical test (first offense)12 months if you refuse to take a chemical test (first offense)Longer if you’ve had previous DUI-related arrests

But these periods only refer to how long your license is suspended, not how long the record of the suspension stays visible. Even if your driving privileges are reinstated after the suspension ends, the suspension still appears on your driving abstract unless it was rescinded through a formal hearing.Once on your record, a statutory summary suspension will stay visible for years. The Illinois Secretary of State’s Office does not automatically remove these entries from your abstract. They become part of your official driving history and may be reviewed by:

Insurance companiesEmployers (especially if you drive for work)Prosecutors in future casesJudges determining sentencingLicensing agencies

So while the actual suspension period might be 6 or 12 months, the impact can last much longer—especially when it comes to future DUI arrests. If you are ever charged again, the presence of a past statutory summary suspension can be used to increase your penalties, even if that old DUI case didn’t result in a conviction.This is one of the reasons why hiring a Chicago criminal defense attorney right after your arrest is so important. By contesting the suspension early, your lawyer may be able to prevent it from ever appearing on your record.

Challenging the Suspension: Legal Strategy and Example CaseThe only way to stop a statutory summary suspension from being added to your record is to file a Petition to Rescind and win a hearing before the suspension takes effect.You have 90 days from the date of arrest to request the hearing, but the suspension starts 46 days after arrest, so time is tight.Here’s a fictional but realistic case example.A woman in Uptown is pulled over for allegedly drifting into another lane. The officer suspects DUI. She performs field sobriety tests and is arrested. At the station, she refuses the breathalyzer, and the officer gives her a Notice of Statutory Summary Suspension, warning her that her license will be suspended for 12 months due to refusal.She contacts a DUI defense lawyer in Chicago immediately. The lawyer files a petition to rescind the suspension and requests a hearing. At the hearing, the officer is cross-examined. Bodycam footage shows that the field sobriety test was performed on an icy sidewalk and that the officer failed to follow protocol when administering the test.The judge finds the traffic stop lacked probable cause and that the driver’s refusal to submit to a test was not unreasonable. The court rescinds the suspension, meaning the Secretary of State removes it entirely from her record.Without legal action, this woman would have lost her license for 12 months—and had that suspension on her record indefinitely. But with timely legal strategy, her driving abstract stays clean.

How Law Enforcement Builds Its Case—and How We Defend YoursEvery DUI arrest in Chicago is built on layers of police evidence designed to support both the criminal charge and the statutory suspension. This evidence includes:

Alleged erratic driving behaviorObservations like slurred speech, red eyes, and odor of alcoholField sobriety test performancePortable breath test (PBT) results at the sceneBreathalyzer or chemical test results at the stationSworn police reportsVideo evidence from bodycams and dashcams

In court, the prosecution will rely on these materials to argue that the officer had probable cause to make the arrest and that the summary suspension should stand. They don’t need a conviction—they just need to prove that the arrest was legally justified and that the procedures were followed.As a DUI lawyer in Chicago, I look for legal errors, procedural mistakes, and gaps in the officer’s account. Common defenses include:

Lack of reasonable suspicion for the traffic stopImproper field sobriety testing (e.g., uneven surfaces, incorrect instructions)Invalid or uncalibrated breath test machinesOfficer failure to properly advise of the consequences of test refusalChain-of-custody issues in blood or urine testsFailure of the officer to appear at the hearing

Winning a summary suspension hearing requires thorough preparation, early action, and aggressive cross-examination. Without an experienced defense attorney, most people don’t even know these issues exist—and suffer the consequences on their records for years.

FAQs – Statutory Summary Suspension in Chicago DUI CasesDoes the statutory summary suspension go away after my license is reinstated?No. Even after your driving privileges are restored, the suspension stays on your driving abstract unless you successfully file a petition to rescind and win your hearing. It can be seen by courts, employers, and insurance companies.Can I expunge a statutory summary suspension in Illinois?No. Illinois does not allow expungement of statutory summary suspensions. The only way to prevent it from appearing on your record is to have it rescinded through the court process before it takes effect.Will my job be affected if I have a statutory summary suspension on my record?Possibly. Many employers—especially those requiring driving—check your driving record. A suspension, even without a DUI conviction, can impact your employment status or future job opportunities.Is there any way to keep driving after the suspension starts?If it’s your first DUI-related arrest, you may be eligible for a Monitoring Device Driving Permit (MDDP), which allows you to drive a vehicle with a BAIID device. This must be requested through the Secretary of State and has conditions.Does hiring a lawyer really make a difference in statutory summary suspension cases?Yes. An experienced Chicago DUI defense lawyer can file the petition to rescind, identify legal issues, subpoena the officer, and argue your case in court. Without this, most suspensions go unchallenged—and appear on your record.What if I already served my suspension? Can I still get it removed?No. Once the suspension period ends, it cannot be removed retroactively. That’s why acting immediately after arrest is essential. The window to fight the suspension closes fast.Is the summary suspension the same as a criminal conviction?No. It is a civil administrative penalty imposed by the Secretary of State. However, it shows up on your driving record and can be used against you if you’re charged again in the future.What if the officer made mistakes on the arrest paperwork?That can be grounds for rescinding the suspension. Your lawyer can review the sworn report, bodycam, and other evidence to identify errors that may invalidate the suspension.

Why You Should Hire a Chicago DUI Lawyer to Fight Your Statutory Summary SuspensionYou only get one chance to protect your driving record from a statutory summary suspension. If you miss your window, it stays with you. Judges, prosecutors, and insurance companies will see it. So will employers. You don’t have to plead guilty or be convicted for it to follow you for years.At The Law Offices of David L. Freidberg, I focus on early intervention. From the moment you contact my office, we begin the process of filing for a hearing, securing evidence, and preparing your defense. Every detail matters—and every mistake made by police could be your opportunity to win.

Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg

DUI charges in Chicago—whether filed as misdemeanors or felonies—carry serious consequences that won’t go away on their own. Weather might explain your driving, but it won’t stop prosecutors from pursuing the case. You need a Chicago DUI attorney who can present evidence, challenge police assumptions, and fight to protect your future.

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.

Don’t gamble with your license, your freedom, or your record.