Will a Statutory Summary Suspension Show Up on My Driving Record in Illinois?

Chicago Drivers Face Harsh License Consequences After DUI Arrests—Even Without a Conviction

DUI enforcement in Chicago is aggressive, and the law moves quickly after an arrest. You don’t have to be convicted of drunk driving for the state to suspend your license. In fact, most people arrested for DUI in Illinois face an automatic license suspension, called a Statutory Summary Suspension (SSS), long before they even appear in court for trial. This suspension can show up on your driving record and create consequences that go far beyond the courtroom.

This is especially important to understand if you’ve been arrested anywhere in the city of Chicago, from Lakeview to Lawndale or Hyde Park to Humboldt Park. The statutory summary suspension is a civil action taken by the Illinois Secretary of State, and it is separate from your criminal DUI case. Even if you are found not guilty of DUI later, the suspension still goes on your driving abstract unless properly contested within a short legal window.

The statutory summary suspension process is governed by 625 ILCS 5/11-501.1 and 625 ILCS 5/2-118.1. It applies when you either refuse to take a chemical test (breath, blood, or urine), or you take the test and fail—meaning your BAC is 0.08 or higher.

This isn’t considered a criminal offense like a DUI conviction, but it absolutely affects your driving privileges, insurance rates, and public driving history. That’s why people often ask whether an SSS “shows up.” The answer is yes—unless it’s overturned through a successful hearing.

In Illinois, all crimes are classified as misdemeanors or felonies. A first DUI offense is a Class A misdemeanor, punishable by up to 364 days in jail and up to $2,500 in fines. However, the statutory summary suspension is not a criminal penalty—it’s administrative—but the effects on your record can be just as damaging.

If you’ve been arrested in Chicago for DUI and are facing a license suspension, it’s critical to take action immediately. This is one of those legal issues where doing nothing will cost you—your license, your job, and your long-term record.

How the Statutory Summary Suspension Works and What It Means for Your Driving Record

Once you’re arrested for DUI in Illinois, the clock starts ticking. The officer will likely give you a Notice of Statutory Summary Suspension, which takes effect 46 days after your arrest. This document is submitted to the Secretary of State and triggers an automatic license suspension.

You only have 90 days from your arrest to request a hearing to fight the suspension. That hearing is called a Petition to Rescind the Statutory Summary Suspension, and it must be filed in the same courthouse where your DUI case is pending—whether it’s the Leighton Criminal Courthouse (26th & California) or a suburban branch like Skokie, Maywood, or Bridgeview.

There are two types of SSS suspensions:

• Failed Test (BAC 0.08 or higher): First offense = 6-month suspension
• Refused Test: First offense = 12-month suspension

If this isn’t your first DUI-related arrest, those numbers increase dramatically. The SSS appears on your driving abstract, which is accessible by law enforcement, courts, insurance companies, and employers who check your driving record. It’s not just internal DMV paperwork—it has real-world effects.

Insurance companies often raise your premiums or cancel coverage entirely based on a summary suspension, even if your criminal case is later dismissed. For professional drivers, including CDL holders, this can mean job loss or license disqualification.

To make matters worse, many people mistakenly believe that winning the DUI case automatically erases the SSS. That’s not true. If you don’t fight the suspension early through a separate hearing, it remains on your record regardless of what happens in the DUI trial.

An experienced Chicago DUI lawyer will immediately review the arrest paperwork, file the necessary motions, subpoena the arresting officer, and schedule a hearing to challenge the suspension. If the arresting officer doesn’t appear in court or made legal mistakes during the stop or testing process, your suspension could be rescinded—meaning it never hits your record.

The bottom line is this: Yes, a statutory summary suspension will appear on your driving record unless you take legal action to stop it. That action must be fast, aggressive, and legally strategic. Waiting until your DUI trial is too late.

Example Case: Logan Square DUI Arrest and Successful SSS Defense

A driver is pulled over near Milwaukee Avenue and Fullerton in Logan Square late at night for speeding. The officer claims to smell alcohol and sees the driver fumble for his insurance card. The driver admits to having “a couple of drinks.” He is asked to perform field sobriety tests and allegedly fails. He is arrested for DUI and agrees to take a breathalyzer at the station. The result comes back at 0.10 BAC.

Before hiring an attorney, the driver receives a Notice of Statutory Summary Suspension. It says his license will be suspended in 46 days due to a failed breath test. At this point, the criminal case has not even begun.

The driver hires a Chicago criminal defense lawyer who immediately files a petition to rescind the SSS and requests a hearing. At the hearing, the officer fails to appear—a violation of the procedural requirements. The judge grants the motion to rescind, and the statutory suspension is removed from the record.

Later, the DUI charge is also reduced to reckless driving through negotiation. Because the SSS was separately removed, the driver’s license record remains clean, and insurance rates do not increase.

This example shows how important it is to treat the SSS as a separate and urgent legal matter. Without swift legal action, that same driver would have lost his license for six months—even if he later beat the DUI charge.

What Kind of Evidence Is Collected and Why You Need a Criminal Defense Attorney

Law enforcement in DUI cases aims to collect as much evidence as possible to justify both the arrest and the statutory suspension. The key types of evidence include:

• Officer observations: slurred speech, odor of alcohol, bloodshot eyes, or erratic driving
• Field sobriety tests: walk-and-turn, one-leg stand, HGN test
• Portable breath test (PBT) results at the roadside
• Station breathalyzer results or blood/urine test results
• Bodycam and dashcam footage
• Sworn reports submitted to the Secretary of State

The state relies heavily on the Sworn Report submitted by the arresting officer to justify the suspension. This form must be properly completed and submitted on time. Any errors, omissions, or inconsistencies can be grounds for a successful challenge.

A criminal defense attorney in Chicago plays a crucial role at every stage of this process. Without representation, most people miss their window to contest the suspension or fail to identify the legal weaknesses in the officer’s conduct.

In many cases, officers use canned language in their reports to justify the arrest, and unless that is challenged with legal motions and aggressive cross-examination, the court may uphold the suspension by default.

The DUI court process is complex. After arraignment, the defense attorney must gather discovery, review all video and paperwork, prepare pretrial motions, and begin negotiations with the prosecution. An experienced attorney may identify 4th Amendment violations, mishandled test results, or improper Miranda warnings.

Legal defenses may include lack of probable cause for the stop, failure to administer field sobriety tests properly, unreliable test equipment, refusal rights violations, or failure of the officer to appear at the SSS hearing.

At every step, your attorney’s job is to protect your license, your record, and your future. The SSS process moves much faster than the criminal case, and that’s why you need representation from day one—not just at trial.

Chicago Criminal Defense FAQs – Statutory Summary Suspension and DUI

Will the statutory summary suspension show up on my Illinois driving record even if I’m not convicted of DUI?
Yes. The statutory summary suspension is a separate administrative action and will appear on your driving abstract unless it is successfully rescinded through a timely hearing. Even if you beat the DUI charge, the suspension remains unless you challenge it.

How long do I have to fight the suspension after a DUI arrest?
You have 90 days to file a petition to rescind and request a hearing. The suspension itself begins 46 days after your arrest. If you miss that window, the suspension stays on your record—even if you win the criminal case.

Will my insurance company see the statutory summary suspension?
Yes. Insurance providers can access your public driving record and will see the suspension. This often leads to increased premiums or even policy cancellations, even without a DUI conviction.

Is the statutory summary suspension considered a criminal offense?
No. It’s an administrative sanction, not a criminal charge. However, it’s enforced by the Illinois Secretary of State and affects your license and driving record in real-world ways.

Can I get a hardship license during the suspension?
If it’s your first DUI-related arrest, you may qualify for a Monitoring Device Driving Permit (MDDP) which allows you to drive with a BAIID installed. Repeat offenders may have fewer options.

What happens at the summary suspension hearing?
Your attorney will argue that the officer lacked probable cause, failed to follow legal procedures, or made errors in documentation. If successful, the judge can rescind the suspension, preventing it from appearing on your record.

Does refusal to take a breathalyzer automatically suspend my license?
Yes. Under Illinois’ implied consent law, refusal leads to a longer suspension—12 months for a first offense and 36 months for a second. But this too can be challenged with the help of a Chicago DUI lawyer.

What if the officer doesn’t show up at my hearing?
If the arresting officer fails to appear after being properly subpoenaed, your attorney can request that the suspension be rescinded. This is a common reason suspensions are removed from a person’s driving record.

Why You Need a Chicago DUI Lawyer to Defend You at Every Step

Trying to handle a DUI and summary suspension case alone is a costly mistake. The laws are unforgiving, the deadlines are tight, and the consequences are lasting. Even if you’re not convicted of DUI, a summary suspension on your record can affect your job, your insurance, and your future opportunities.

An experienced Chicago criminal defense attorney understands how to defend against both the criminal charge and the administrative suspension. You don’t just need someone to show up at court—you need a lawyer who will prepare and file all necessary motions, appear at every hearing, cross-examine police officers, and advocate for your license.

At The Law Offices of David L. Freidberg, I offer strategic defense for both misdemeanor and felony DUI cases, including summary suspension hearings. With decades of courtroom experience, I know how to protect your driving record and minimize the long-term impact of a DUI arrest.

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.