How Skipping Your Administrative Hearing Can Cost You Your License in Illinois

Getting arrested for DUI in Chicago is a jarring experience, but what most drivers don’t realize is that the real damage often comes from what happens after the arrest. The moment a law enforcement officer issues a Notice of Statutory Summary Suspension, your license is already halfway to being suspended. If you do nothing—if you skip the opportunity to request an administrative hearing within the allowed timeframe—your driver’s license will be automatically suspended. And that’s not based on a judge’s ruling or a trial verdict. It’s automatic.

Under Illinois law, that administrative process is separate from the criminal case. Failing to respond doesn’t just put you behind the eight ball—it can strip you of your ability to drive for months, sometimes years. This is a silent penalty that takes hold even if you later beat your DUI charge in court. The law treats the statutory summary suspension as a civil penalty, not criminal, which means the burden is lower and the timeline is unforgiving.

If you’ve been arrested for DUI anywhere in Cook County or nearby counties like DuPage, Will, or Lake, it is critical that you speak with a criminal defense attorney immediately to preserve your rights. At The Law Offices of David L. Freidberg, we’ve handled thousands of these cases, and we know how to fight for our clients both in the courtroom and in administrative hearings.

Illinois Law and the Statutory Summary Suspension Explained

The statutory summary suspension is governed by 625 ILCS 5/11-501.1. This provision gives the Secretary of State the authority to suspend your driver’s license if you:

• Refuse to submit to a chemical test, or
• Take the test and register a BAC of 0.08 or higher

This automatic suspension kicks in on the 46th day after you were given notice (typically the day of your DUI arrest). If you fail to file a Petition to Rescind with the court within that timeframe, you lose your opportunity to challenge it.

Here’s how long your license will be suspended if you don’t act:

• If you failed the test: 6 months (first offense), 12 months (second offense)
• If you refused the test: 12 months (first offense), 3 years (second offense)

These are mandatory minimums. There is no consideration of your need to drive to work, school, or court. The law doesn’t distinguish between those who need their cars to survive and those who don’t. The system is designed to punish, not accommodate.

It’s also worth noting that even a first-time DUI is a Class A misdemeanor under 625 ILCS 5/11-501. Aggravating circumstances can elevate it to a felony under 625 ILCS 5/11-501(d). In either case, the administrative penalty is separate and automatic unless you take swift legal action.

For more about how DUI penalties work in Illinois, visit: https://www.chicagocriminallawyer.pro/dui.html

The Administrative Hearing: Your Only Shot to Stop a Suspension

Many people make the mistake of thinking they can “deal with it later.” But in Illinois, later is too late. The only way to stop a statutory summary suspension from taking effect is to file a Petition to Rescind within 45 days of receiving notice. Once you do, the court must schedule a hearing within 30 days or on your first court date, whichever is later.

At this hearing, your attorney has the chance to argue that the arresting officer did not have reasonable grounds to stop you, lacked probable cause to make an arrest, or that the test was not properly administered. If successful, the judge can rescind the suspension and restore your license.

The hearing is technical, and it requires someone who understands both the law and how local judges handle these matters. In Chicago and Cook County, we know how these cases are handled. We understand how to dissect the police reports, question the reliability of field sobriety tests, and challenge chemical test results.

Consequences of Losing Your License in Chicago

A suspended license may not sound like a major problem to some, but in reality, it can have devastating effects. Most people rely on their vehicles for everything—getting to work, taking kids to school, caring for family members, and managing daily life. Once your license is suspended, all of that becomes significantly harder.

If you’re caught driving on a suspended license, you can be charged with a Class A misdemeanor under 625 ILCS 5/6-303. That charge alone can result in up to one year in jail and fines of $2,500. And if it’s tied to a DUI suspension, it could escalate to a felony.

It doesn’t stop there. Insurance premiums skyrocket. Your employer may find out. And any future interactions with the criminal justice system become more complicated.

Building a Defense That Works: A Real Case Example

A client was pulled over in Oak Lawn after making a wide turn. The officer claimed he smelled alcohol and the client admitted to having two drinks. He was arrested and refused the breath test. Because of that refusal, the state initiated a 12-month suspension.

We immediately filed a Petition to Rescind and requested video footage from the arrest. The footage contradicted the officer’s written report—our client did not appear impaired. At the hearing, we argued that the officer lacked probable cause. The judge agreed. The suspension was rescinded.

Without an attorney who understood the timelines, legal arguments, and evidentiary requirements, that client would have lost his license for a full year.

Why You Need an Attorney Immediately

From the moment of your DUI arrest, the system begins moving against you. But you don’t have to let it. Hiring a criminal defense attorney immediately ensures you don’t miss the small windows of opportunity that could change the course of your case.

An attorney can:

• File a timely Petition to Rescind
• Obtain all police reports and video evidence
• Subpoena the arresting officer for cross-examination
• Identify errors in procedure or violations of your rights
• Fight both the suspension and the criminal charge

At The Law Offices of David L. Freidberg, we’ve handled thousands of DUI-related license suspensions. We act fast because we know how quickly things can go wrong.

To learn more about your options following a DUI arrest, visit: https://www.chicagocriminallawyerblog.com

Don’t Let the System Decide Your Future — Take Action Today

The law in Illinois is not forgiving when it comes to DUI cases and administrative suspensions. Once your license is gone, it’s not easy to get it back. The only way to stop the clock is to take action fast, and that starts by hiring an attorney who knows how to defend you.

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, 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.