How Long Does a Suspension Stay on My Record in Illinois?

Understanding Suspension Records and Criminal Charges in Chicago, Illinois

In Chicago, being pulled over for DUI can lead to two very different—but equally serious—legal consequences. First, there’s the criminal case. Second, there’s the statutory summary suspension of your driver’s license, which begins automatically under Illinois law if you either fail or refuse chemical testing. What most people don’t realize is that the suspension itself leaves a record that can follow them for years, even if the criminal charge is later dropped or dismissed.

In Illinois, all criminal charges—whether misdemeanors or felonies—create a public record. Likewise, any administrative action by the Secretary of State, including a suspension for DUI, is recorded on your driving abstract and accessible by law enforcement, insurance companies, and certain employers.

Crimes in Illinois are categorized as either misdemeanors or felonies, with DUI falling into both categories depending on aggravating factors. A first-time DUI is typically a Class A misdemeanor, but certain circumstances—like a prior DUI, an accident with injury, or driving on a suspended license—can upgrade it to a felony DUI, also known as aggravated DUI under 625 ILCS 5/11-501(d).

Whether you’re dealing with a misdemeanor or a felony, the suspension that follows a DUI arrest is separate from the court case. It’s handled administratively and starts before you ever appear in front of a judge. In fact, the suspension kicks in automatically on the 46th day after arrest unless your attorney files a petition to rescind within 30 days.

That’s where we come in. As a Chicago DUI lawyer, I’ve helped countless people across Cook County—including in Logan Square, Bronzeville, Little Village, and the West Loop—fight their DUI suspensions and avoid long-term damage to their driving records.

How Long Does a Statutory Summary Suspension Stay on My Driving Record?

Once imposed, a statutory summary suspension (SSS) is recorded on your Illinois driving abstract, even if the criminal case is dismissed. The duration of the suspension depends on whether you failed the test or refused it, and whether you’ve had any previous offenses.

First DUI – Failed chemical test: 6-month suspension
First DUI – Refused testing: 12-month suspension
Second DUI within 5 years – Failed: 12-month suspension
Second DUI – Refused: 3-year suspension

Even after the suspension period ends, the record of the suspension stays visible for at least seven years on your driving abstract. The Secretary of State keeps a full history of suspensions and revocations, which is accessible to police, prosecutors, and often employers who request a background check. That information is also used to increase penalties for future offenses.

Unlike traffic violations, DUI suspensions are not removed from your record automatically. They remain unless you win your rescind hearing, or successfully petition for expungement or sealing—which is not available in most DUI cases due to statutory restrictions.

A skilled Chicago criminal defense lawyer will work to fight the suspension from the start. That means challenging the officer’s probable cause, cross-examining them at the hearing, and identifying procedural issues that could void the state’s ability to suspend your license.

If you’ve already served your suspension, we can still advise you on how to limit the visibility of that record and prevent it from affecting future employment or insurance rates.

How Criminal Cases Begin and What Happens After Arrest in Illinois

Every criminal case in Illinois begins with an investigation—either during a traffic stop or through a longer-term inquiry by police. In DUI cases, the process usually starts when an officer claims to observe erratic driving. From there, they initiate a stop and begin collecting evidence, which may include field sobriety tests, portable breath tests, and bodycam footage. This all happens before a formal arrest is made.

Once arrested, you’re taken to the station, processed, and given a court date for your first appearance, usually at one of the Cook County courthouses: 26th & California, Skokie, Maywood, or Bridgeview. You’ll be advised of the charge and your bail conditions.

If your DUI involved a failed or refused test, the arrest is automatically sent to the Secretary of State, who begins processing your license suspension. This is where the administrative suspension splits from the criminal case.

The DUI criminal charge proceeds through arraignment, pretrial hearings, and potentially trial. Meanwhile, your attorney should file a petition to rescind the suspension within 30 days of your arrest and request a hearing. This is your chance to stop the suspension before it starts on day 46.

The criminal case can result in:

Class A misdemeanor: Up to 364 days in jail and $2,500 in fines
Felony DUI (Aggravated DUI): 1 to 7 years in prison, or more if injury or death occurred
License revocation: Depending on conviction history
Mandatory alcohol education or treatment
Community service and court costs

But remember: even if your criminal case is dismissed, the license suspension still stands unless you win the administrative hearing.

Example DUI Case and Defense Strategy in Chicago

A driver in Uptown is pulled over after allegedly swerving. The officer claims the driver smelled of alcohol, and the driver admits to having “a couple of drinks.” After performing field sobriety tests on the street, the officer arrests him for DUI. At the station, the driver agrees to a breath test and blows a 0.09. He’s charged with a Class A misdemeanor DUI, and a 6-month summary suspension is triggered.

We file a petition to rescind the suspension. During the hearing, we subpoena the officer’s bodycam and dashcam video. The footage reveals that the field sobriety tests were conducted in poor weather conditions on uneven pavement, and that the officer never properly observed the driver before initiating the stop.

We argue that the officer lacked reasonable suspicion to stop the vehicle and failed to follow proper protocol during the investigation. The judge agrees. The suspension is rescinded, meaning it will not go on the driver’s abstract.

As for the criminal case, we challenge the reliability of the test result. The breathalyzer maintenance records show the machine was overdue for calibration. The state’s attorney offers a plea to reckless driving, which avoids a DUI conviction.

This is why every stage of the case matters. From challenging the stop to questioning the testing, a skilled Chicago DUI lawyer can turn a worst-case scenario into a manageable outcome.

Types of Evidence Collected in DUI Cases and How to Challenge It

Law enforcement agencies in Chicago rely on multiple forms of evidence in DUI cases:

Officer observations: Behavior, speech, odor of alcohol, and driving pattern
Field sobriety tests: Walk-and-turn, one-leg stand, horizontal gaze nystagmus
Portable and station breath tests
Dashcam and bodycam footage
Witness statements
Medical records or hospital blood tests

This evidence is often flawed. Weather, medical conditions, fatigue, or anxiety can cause poor performance on roadside tests. Portable breath tests are not admissible in court due to their inaccuracy. Even the station breathalyzer can be challenged if calibration logs are missing or protocol wasn’t followed.

An experienced criminal defense attorney in Chicago will demand all records, file motions to suppress evidence, and cross-examine officers at every stage. Without aggressive legal action, the prosecution’s version of the facts goes unchallenged—and that’s when convictions happen.

Choosing the Right DUI Defense Lawyer in Chicago

When your license and criminal record are on the line, you need a defense attorney who understands both the courtroom and the administrative side of a DUI case.

Some things to look for in a Chicago DUI lawyer include:

Experience handling both misdemeanor and felony DUI cases in Cook County
Familiarity with local judges, prosecutors, and police agencies
Track record of winning rescission hearings and license reinstatement cases
Strong cross-examination skills and motion practice
Willingness to take your case to trial if needed

During your free consultation, ask these questions:

Have you handled cases in the specific courthouse where mine is filed?
How many license suspension hearings have you won?
Can you explain what to expect at each court appearance?
Will you personally handle my case, or will someone else take over?
How do you approach DUI trials, and when do you recommend them?

The answers to these questions will help you make an informed decision. Don’t settle for general promises—hire someone who has a strategy tailored to your situation.

FAQs About Suspensions and DUI Charges in Chicago

How long will my DUI suspension stay on my driving record in Illinois?
A statutory summary suspension remains on your Illinois driving abstract for at least seven years, even after the suspension ends. Unlike a parking ticket, this is part of your official driver history and can be seen by insurance companies, employers, and law enforcement. If you win your rescission hearing, the suspension is vacated and removedfrom your record. But if you don’t challenge it, it will remain visible for years and can increase penalties for future charges.

Will my license be suspended even if I’m found not guilty of DUI?
Yes. The administrative suspension for DUI is a separate process from the criminal case. That’s why it’s critical to have your Chicago criminal defense lawyer file a petition to rescind within 30 days of arrest. Winning that hearing is your only chance to prevent the suspension from taking effect on day 46.

Can I drive during my DUI suspension?
You may be eligible for a Monitoring Device Driving Permit (MDDP) if this is your first offense. It allows you to drive during the suspension with a BAIID device installed in your car. If you’re approved, you can drive legally to work, school, and essential locations. But if you drive without a permit or without the device, you can be charged with a felony.

What’s the difference between a suspension and a revocation in Illinois?
A suspension is temporary and ends after a set time if all requirements are met. A revocation is indefinite and requires you to apply for reinstatement through a hearing. Many felony DUI convictions result in revocation, which is far harder to recover from. Even one missed step in the hearing process can delay reinstatement for years.

How do I know if my DUI suspension can be removed?
If your attorney wins the rescission hearing or proves a constitutional violation in the stop, you may be able to remove the suspension entirely. This is why acting early and hiring a DUI lawyer in Chicago right after arrest is so important.

Why You Need a Chicago DUI Lawyer for Suspension Issues

Trying to handle a DUI arrest and suspension on your own is a mistake that can cost you your license, your job, and your reputation. Too many people wait until after the suspension has taken effect before calling a lawyer—by then, many opportunities have been lost.

At The Law Offices of David L. Freidberg, we fight every aspect of your case, from criminal charges to administrative hearings. We understand the Chicago court system and know how to challenge faulty evidence and protect your driving privileges.

Whether your case is in Cook County, DuPage County, Will County, or Lake County, we’re here to defend you from the start.

Call The Law Offices of David L. Freidberg Today for Help with DUI Suspension Defense

If you’ve been arrested for DUI in Chicago and are facing a license suspension or a criminal charge, contact The Law Offices of David L. Freidberg today. We offer a free consultation 24/7 and aggressive legal representation across Cook, DuPage, Will, and Lake Counties.

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.