How Long You Could Lose Your License After A DUI And What to Do Next

Getting arrested for DUI in Chicago is more than just a scare—it can seriously disrupt your life, and the first thing many people ask is: “Will I lose my license?” Whether you’re stopped near Wicker Park or pulled over in Cicero, the threat to your ability to drive is real and fast-moving.

In Illinois, even a first DUI arrest can lead to an automatic suspension of your driving privileges. But that doesn’t mean you’re powerless. I’m a Chicago DUI lawyer who defends people across Cook County, Will County, DuPage County, and Lake County, and I’ve seen firsthand how these cases unfold and how drivers can protect themselves.

Understanding how long you might lose your license—and how to fight for it—starts with knowing how Illinois handles DUI arrests. It’s a two-part process, and both can affect your right to drive.

Two Ways You Can Lose Your License After a DUI in Illinois

After a DUI arrest, Illinois law sets off two separate proceedings that can impact your driver’s license:

The Statutory Summary Suspension (SSS): This happens automatically after most DUI arrests and is handled by the Illinois Secretary of State.
The Criminal DUI Case: This is the court process where the prosecutor tries to convict you of DUI, which carries longer-lasting consequences.

Both processes run separately, but they overlap in time and outcome. You can be found not guilty in court and still lose your license under the administrative suspension, or vice versa.

It’s a trap many people don’t see coming.

When the Suspension Starts—and How Long It Lasts

If you’re arrested for DUI and either fail a breathalyzer or refuse chemical testing, the officer will give you a notice that your license is set to be suspended. Under 625 ILCS 5/11-501.1, here’s what happens:

If you fail the test (blood alcohol content over 0.08), your license will be suspended for 6 months for a first offense.
If you refuse testing, the suspension goes up to 12 months.
If you’ve had a DUI-related suspension in the past 5 years, those durations double to 12 months for a failed testand 36 months for a refusal.

But the suspension doesn’t start right away. You have 45 days to drive legally before the suspension kicks in on day 46—unless you challenge it in court and win.

You must file a Petition to Rescind the Statutory Summary Suspension to try and block it. If you don’t, your license will be suspended, regardless of how your criminal case turns out.

This suspension is administrative. No judge or jury has to decide you’re guilty. It just happens unless you fight it.

What Happens to Your License If You’re Convicted of DUI?

Now let’s talk about the court case—the criminal charge that can lead to more serious license consequences. Here’s how the criminal penalties break down under Illinois law (625 ILCS 5/11-501):

First DUI Conviction
- Classified as a Class A misdemeanor
- Up to 1 year in jail
- Up to $2,500 in fines
- 1-year revocation of your driver’s license
- Possible BAIID requirement for reinstatement
Second DUI Conviction (within 20 years)
- Still a Class A misdemeanor
- Mandatory minimum 5 days jail or 240 hours of community service
- 5-year license revocation
- No court supervision allowed
Third DUI Conviction
- Becomes a Class 2 felony
- 3–7 years in prison
- 10-year license revocation
- Lifetime revocation possible in some cases

Once your license is revoked—not just suspended—you must go through a formal Secretary of State hearing to try and get it back. This includes completing treatment, demonstrating abstinence, and showing that you’re no longer a risk.

That’s why avoiding a conviction through dismissal or reduction of charges can change everything.

A Case from Humboldt Park: Saving a License Through Strategy

A client was arrested in Humboldt Park after being stopped for allegedly drifting between lanes. The officer claimed the client smelled of alcohol and had glassy eyes. He refused field sobriety testing but did blow a 0.09 on a breathalyzer.

The client was facing a 12-month suspension for refusing FSTs and a likely conviction due to the BAC result.

My defense strategy was to challenge the validity of the initial traffic stop. I reviewed dashcam footage, which clearly showed that the client was not swerving, and that the officer lacked probable cause. I filed a motion to suppress both the stop and the test results.

At the suppression hearing, the judge ruled that the stop was unlawful. Both the Summary Suspension and the DUI charge were dismissed. The client never lost his license—and avoided a conviction entirely.

That’s what a sharp defense can do, even when the facts look bad on paper.

What Happens in Court After a DUI Arrest?

If you’ve never been to court before, here’s how a typical DUI case moves in Illinois:

Arrest and Notice: You’re taken to the station, processed, and handed a suspension notice.
First Appearance (Arraignment): You enter a plea and the judge sets dates.
Pretrial Motions: Your lawyer can challenge the stop, test results, or other issues.
Trial or Plea Negotiation: You may plead to a lesser charge or go to trial.
Sentencing or Dismissal: The case is either resolved or continues to verdict.

At every stage, your license—and your freedom—are at risk. Without a criminal defense attorney who understands how both the SSS and criminal court system work, you may miss out on your chance to fight.

I’ve handled hundreds of DUI cases in Cook, Lake, Will, and DuPage counties. I know what to expect from judges and prosecutors, and I know how to prepare a strong defense tailored to your situation.

What Evidence Do Police Use to Try and Suspend or Revoke Your License?

When it comes to building a DUI case, officers and prosecutors collect everything they can to make the charge stick. This includes:

BAC Test Results: Breath, blood, or urine samples
Officer Testimony: Sworn statements about your behavior, driving, or responses
Bodycam and Dashcam Footage: Video from the traffic stop or station
Field Sobriety Test Notes: Subjective assessments of your balance, coordination
Admissions or Statements: Anything you say voluntarily can be used against you

If any of this evidence was collected improperly or based on an unlawful stop, I may be able to have it thrown out—weakening the state’s case and preserving your license.

Why You Can’t Afford to Handle a DUI Alone

You have a lot to lose with a DUI arrest. And the system moves fast. A conviction—even for a first DUI—can mean losing your job, paying thousands in fines, and having your license revoked for a year or more.

Every DUI case has defenses—but most people don’t know what they are or how to use them.

An experienced DUI defense lawyer will:

File the proper motions to block a suspension or conviction
Cross-examine the officer’s observations and test administration
Identify constitutional violations (illegal stops, unlawful searches)
Negotiate favorable plea deals or fight the case at trial
Guide you through license reinstatement if needed

Without legal guidance, you risk missing deadlines and being hit with both a criminal conviction and a license suspension—two penalties that can follow you for years.

DUI License Loss FAQs for Illinois Drivers

Can I get a driving permit during my DUI suspension?
Yes. First-time offenders may qualify for an MDDP, which allows driving with a breath ignition device.

What if I refused the breath test—can I still fight the suspension?
Absolutely. Refusal suspensions are often vulnerable to legal attack, especially if the officer failed to explain your rights properly.

Do I still need to fight the DUI charge if I’m only suspended?
Yes. If you’re convicted, your license will be revoked even after the SSS ends—and getting it back is a much harder process.

Can I drive in other states during my Illinois suspension?
No. The suspension applies nationwide under the Interstate Driver License Compact. Other states will likely honor it.

Will hiring a lawyer really change anything?
Yes. A defense attorney can shorten your suspension, stop a conviction, and reduce long-term damage to your record and finances.

What if this is my second or third DUI?
You’re facing harsher penalties, including long-term revocation and felony charges. Legal representation is critical in repeat offense cases.

Call The Law Offices of David L. Freidberg to Fight for Your License

If you’ve been arrested for DUI in Chicago or surrounding counties, you need a skilled advocate immediately. Your license is on the line, but you have rights—and I know how to protect them.

At The Law Offices of David L. Freidberg, I bring decades of criminal defense experience to every case. I offer aggressive DUI defense across Chicago, Cook County, DuPage County, Will County, and Lake County. Every client gets direct access to me, not passed off to junior staff.

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.