How Long Will My License Be Suspended in Illinois If I Don’t Request an Administrative Hearing After a DUI?

Understanding the Legal Landscape of DUI Charges in Chicago, Illinois

Driving under the influence (DUI) is one of the most common criminal charges in Chicago, Illinois, and across the state. Whether it’s your first DUI or a repeat offense, the legal implications can be serious and far-reaching. In Cook County and surrounding areas such as DuPage, Will, and Lake Counties, a DUI charge doesn’t just result in criminal penalties—it also triggers a separate process: the statutory summary suspension of your driver’s license. If you don’t take immediate action to request an administrative hearing, you could lose your license for a significant period without the chance to contest it.

As a criminal defense attorney in Chicago for decades, I can tell you that failing to request a hearing is one of the biggest mistakes you can make after a DUI arrest. The consequences are harsh, and once that statutory summary suspension is in place, reversing it becomes an uphill battle.

Driving under the influence is a Class A misdemeanor under Illinois law (625 ILCS 5/11-501) for first-time offenders. However, aggravating factors, such as having a child passenger, a high blood alcohol concentration (BAC), or prior convictions, can elevate the charge to a felony. A felony DUI, depending on circumstances, could be charged as a Class 4 felony or higher under 625 ILCS 5/11-501(d).

Illinois Criminal Statutes, Summary Suspension, and the Immediate Consequences of a DUI Arrest

The moment you are arrested for DUI in Illinois, the criminal case begins, but so does a separate administrative process. Under Illinois law, the Secretary of State imposes a statutory summary suspension if:

• You fail a chemical test with a BAC of 0.08 or higher, or
• You refuse to submit to chemical testing.

This is codified under 625 ILCS 5/11-501.1. The law mandates that your license be suspended on the 46th day after notice is given (usually the date of your arrest), unless you file a petition to challenge it.

If you fail to request a hearing within the statutory window, your license will be suspended automatically. The length of that suspension depends on whether you failed or refused the chemical test:

• Failed test: 6-month suspension for first offense
• Refused test: 12-month suspension for first offense

For repeat offenses, the penalties are even more severe. A second refusal, for example, leads to a 3-year suspension.

Importantly, this administrative penalty is independent of any criminal conviction. Even if your criminal case is dismissed or you’re found not guilty, the suspension remains unless you challenge it separately through a hearing.

You can read more about DUI laws on our main DUI defense page here: Chicago DUI Lawyer.

How the Illinois Criminal Case Process Begins and the Importance of Acting Immediately

After a DUI arrest, law enforcement submits your case to the prosecutor’s office, and formal charges are filed. You will typically be released on bond and given a court date. But before you even step foot in a courtroom, the clock is already ticking on your ability to keep your driver’s license.

In most DUI arrests in Chicago, officers provide a Notice of Statutory Summary Suspension (SSS). This functions as a temporary license for 45 days. To avoid automatic suspension, you must file a Petition to Rescind the SSS with the circuit court within that timeframe. Your attorney can request a hearing, which must be scheduled within 30 days or on the first court appearance, whichever is later.

If you don’t file the petition, you lose your right to contest the suspension. At that point, the suspension starts on the 46th day after your arrest. Without driving privileges, your daily life may be thrown into disarray. Getting to work, school, or medical appointments becomes a challenge, and the hardship grows with each passing day.

I cover more about the arrest process and DUI defenses on my blog here: What Happens During a DUI Arrest in Illinois.

Criminal Trial Defense Process and Real-Life Case Strategy

Once formal charges are filed, your criminal defense attorney will enter an appearance and begin the process of defending you against the DUI charge. This includes reviewing all evidence, filing pretrial motions, and preparing for trial if necessary.

Let me give you an example from a real case I handled in Cook County. A client was arrested on suspicion of DUI after a minor traffic accident. The officer claimed the client smelled of alcohol and failed field sobriety tests. However, bodycam footage showed that my client had a knee injury and was not stumbling due to intoxication. Additionally, the breathalyzer machine was later found to be improperly calibrated.

At the statutory summary suspension hearing, we introduced medical records and technical evidence to undermine the reliability of the field tests and breathalyzer. The judge ruled in our favor, rescinding the suspension. Later, we had the criminal DUI charge dismissed for lack of probable cause.

This outcome was only possible because we acted quickly to request the administrative hearing and begin building a defense strategy right away. Waiting too long or going without legal representation would have resulted in a year-long license suspension and a possible conviction.

Evidence Law Enforcement Seeks in DUI Cases

Police in Chicago and across Illinois rely on a combination of physical, testimonial, and chemical evidence to support DUI charges. Common types of evidence include:

• Officer observations, such as odor of alcohol, bloodshot eyes, and slurred speech
• Performance on standardized field sobriety tests (SFSTs)
• Breath, blood, or urine test results
• Dashcam or bodycam video footage
• Statements made by the driver during or after the stop
• Witness testimony if there was an accident

Prosecutors use this evidence to build a case not only for the criminal conviction but also to support the automatic license suspension. If you don’t contest it, the state assumes the evidence is valid.

That’s why working with a qualified attorney is critical. We know how to challenge this evidence, identify weaknesses, and present alternative explanations that can cast doubt on the prosecution’s case.

The Value of Hiring a Criminal Defense Attorney in DUI Cases

Hiring a criminal defense attorney isn’t just about legal representation—it’s about protecting your future. When your license, livelihood, and freedom are on the line, the decisions you make in the days after your arrest can define the outcome of your case.

An experienced attorney will:

• File the petition to rescind the suspension immediately
• Subpoena officer reports, calibration logs, and video evidence
• Challenge improper police conduct or constitutional violations
• Negotiate for reduced charges or alternative sentencing
• Represent you at trial if necessary

Without a qualified attorney, you’re at the mercy of the system. Prosecutors may pressure you into accepting a plea deal that includes license suspension, fines, and even jail time. And once you plead guilty, reversing the damage is incredibly difficult.

Legal Defenses Available in DUI Cases

Every DUI case is unique, but there are common defenses that may apply, including:

• Lack of probable cause for the traffic stop
• Improper administration of field sobriety tests
• Unreliable breathalyzer or blood test results
• Medical conditions that mimic intoxication
• Violation of your Miranda rights

In many cases, a skilled attorney can use these defenses to have the charges dismissed or reduced, and to fight the license suspension. But time is of the essence.

What To Look for When Hiring a Criminal Defense Lawyer in Illinois

Not all lawyers are created equal. When you meet with a criminal defense attorney, pay attention to their courtroom experience, familiarity with DUI laws, and local reputation. Ask about their record handling administrative hearings in Cook, DuPage, Will, and Lake Counties.

You should ask questions like:

• How many DUI cases have you handled in my county?
• What is your success rate in license suspension hearings?
• Will you personally handle my case or pass it to an associate?
• What strategy would you use based on the facts of my case?

The answers to these questions will give you insight into the attorney’s dedication and ability to fight for your rights.

Why You Need a Criminal Defense Lawyer and Why You Should Choose The Law Offices of David L. Freidberg

Trying to fight a DUI charge or avoid a license suspension without an attorney is like stepping into a courtroom blindfolded. The state has seasoned prosecutors working against you. If you don’t have a strong defense, the consequences can follow you for years.

At The Law Offices of David L. Freidberg, we know what it takes to win these cases. We have successfully represented thousands of clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We understand the local court systems, the procedures, and the judges. More importantly, we care about the outcome and work aggressively to protect your future.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

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.