What Happens To My License After a DUI Arrest in Illinois?

Chicago DUI Arrests and the Immediate Impact on Your Driver’s License

Chicago, Illinois is known for its busy traffic, wide expressways, and heavy police presence. With so many drivers on the road, DUI enforcement remains a priority for law enforcement. When someone is arrested for driving under the influence in the city or anywhere in Illinois, one of the most immediate concerns is what will happen to their driver’s license. A DUI arrest doesn’t just trigger a criminal charge — it also sets off a separate administrative process that can result in license suspension or revocation, even before the case is resolved in court.

The City of Chicago sees thousands of DUI-related traffic stops and arrests each year. Many of these arrests result in the automatic suspension of the driver’s license through the Illinois Secretary of State. Whether this is a first-time offense or a repeat arrest, the potential loss of your license is one of the most disruptive consequences you will face. The type of offense — whether it’s a misdemeanor or a felony — will affect how long you lose your license and what steps you’ll need to take to get it back.

Illinois law allows for both criminal penalties and administrative license penalties under 625 ILCS 5/11-501 and 625 ILCS 5/6-206. Your license can be suspended for failing a chemical test or for refusing to take one. The administrative suspension — known as a statutory summary suspension — begins automatically unless challenged. The criminal court process and the administrative license hearing are two different tracks, and each has its own rules and consequences. In Chicago, where DUI enforcement is aggressive, understanding both processes is essential to protecting your driving privileges and your criminal record.

License Consequences Under Illinois DUI Statutes

When someone is arrested for DUI in Illinois, the state initiates two separate actions. The first is the criminal charge under 625 ILCS 5/11-501, which makes it unlawful to operate a motor vehicle while impaired by alcohol, drugs, or a combination of both. This charge can be either a Class A misdemeanor or a felony, depending on the circumstances.

A first-time DUI with no aggravating factors is typically charged as a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500. However, if there is a prior DUI conviction, a minor child in the vehicle, an accident resulting in serious bodily injury, or if the driver was operating the vehicle on a suspended license, the offense can be elevated to a felony — known as aggravated DUI — which may be charged as a Class 4, Class 3, or even a Class 2 felony under 625 ILCS 5/11-501(d).

Alongside the criminal case, the Illinois Secretary of State will impose a statutory summary suspension of your driving privileges under 625 ILCS 5/6-208.1. If you fail a chemical test (blood, breath, or urine), your license will be suspended for six months for a first offense. If you refuse testing, the suspension is longer — typically twelve months for a first offense. For repeat offenders, the suspension periods are extended.

These license penalties apply automatically, even before your criminal case is resolved. The only way to stop the suspension is by filing a petition to rescind within 90 days of the arrest and succeeding at a hearing before a judge. This is a civil procedure held in traffic court, separate from the criminal DUI case.

Illinois Criminal Procedure After a DUI Arrest

A DUI arrest in Illinois typically begins with a traffic stop initiated for a minor infraction such as improper lane usage or speeding. During the stop, if the officer observes signs of impairment, they may request field sobriety testing or a preliminary breath test. If the officer believes there is probable cause, the driver is arrested and taken into custody.

Once the arrest occurs, the driver is booked, and their vehicle may be towed. After release, typically on bond, a court date is set. The criminal case begins with an arraignment and proceeds through pre-trial motions, discovery, and potentially a trial. Throughout this process, the statutory summary suspension runs in parallel unless challenged and rescinded.

If convicted, the court may impose additional license penalties, including revocation of driving privileges and mandatory alcohol evaluation and treatment. Felony convictions carry longer revocation periods and stricter reinstatement requirements. A conviction also remains permanently on your record and cannot be expunged or sealed.

How Police Build DUI Cases in Illinois

Law enforcement officers in Illinois rely on a combination of evidence when building a DUI case. During the initial stop, they look for probable cause to investigate further. That includes poor driving behavior, the smell of alcohol, slurred speech, bloodshot eyes, and inconsistent answers to questions.

If field sobriety tests are administered, officers note whether the driver fails to maintain balance, follow instructions, or shows other signs of impairment. If a breath or chemical test is completed, the results are documented and included in the case. Refusal to test is also documented and can be used as evidence of possible impairment.

Dashcam and bodycam footage are often part of the file, especially in Chicago where most traffic stops are recorded. These videos can support the officer’s account — or reveal procedural mistakes that might lead to the suppression of evidence.

Why You Need a Criminal Defense Attorney at Every Stage

From the moment of arrest, your rights are on the line. Every statement made to police, every form signed, and every decision about testing can impact the outcome of your case. A criminal defense attorney can advise you from the start, guide you through the petition to rescind your license suspension, and protect your rights in criminal court.

An attorney can review whether the traffic stop was valid, whether field sobriety tests were administered properly, and whether there were violations of your rights under the U.S. Constitution and Illinois law. Defense counsel can file motions to suppress illegally obtained evidence and negotiate with prosecutors for a reduced charge or alternative sentence.

If the case goes to trial, your attorney is essential in cross-examining the officer, presenting expert testimony, and arguing your case before a judge or jury. Without representation, you risk harsher penalties, a permanent criminal record, and prolonged loss of your driver’s license.

Common Legal Defenses in Illinois DUI Cases

Defending a DUI charge in Illinois requires a detailed review of the facts, evidence, and procedure. One potential defense is lack of probable cause for the initial stop or for the arrest. If the officer cannot justify the stop or arrest, any evidence obtained may be excluded.

Another defense involves improper administration of field sobriety tests. Officers must follow specific procedures, and any deviation can undermine the validity of the results. Likewise, the accuracy and maintenance of breath testing devices must be verified. Issues with the test machine, the timing of the test, or the officer’s training can raise doubt.

Medical conditions, fatigue, or environmental factors can also mimic signs of impairment. Your defense attorney may present medical records or expert testimony to explain your behavior and challenge the prosecution’s case.

Qualities to Look for in a Criminal Defense Attorney in Illinois

Choosing the right attorney can make a significant difference in the outcome of your DUI case. You want someone who is not only experienced in criminal law but also familiar with local court procedures in Cook County and the surrounding areas.

Look for an attorney who has successfully handled DUI cases, understands the science behind BAC testing, and knows how to cross-examine arresting officers. Strong communication, courtroom confidence, and a strategic approach to each case are essential qualities.

Your attorney should be available to answer questions, explain each stage of the process, and provide honest guidance about your options and potential outcomes.

Questions to Ask During a DUI Defense Consultation

When meeting with a DUI defense attorney, it’s important to ask specific questions. Ask how many DUI cases they’ve handled, whether they regularly practice in Chicago or the county where you were arrested, and whether they’ve taken DUI cases to trial.

Ask how they plan to challenge your license suspension, whether they will file a petition to rescind, and what evidence they will review. Ask how accessible they are throughout the case and how they communicate with clients.

These questions help you evaluate whether the attorney is prepared to fight for you and understands the complexities of both criminal DUI prosecution and the administrative license process.

Chicago DUI Defense FAQs

Drivers in Chicago often ask what happens to their license after a DUI arrest. One of the most common questions is whether your license is suspended automatically. In Illinois, the statutory summary suspension begins automatically 46 days after arrest unless you win your hearing. This suspension is separate from any court-imposed penalties if you’re convicted.

Another question is whether you can drive at all during the suspension. First-time offenders may qualify for a Monitoring Device Driving Permit, which allows limited driving with a BAIID installed. Repeat offenders have fewer options and face longer suspensions or revocations.

Some ask what happens if they refused the breath test. Refusing leads to a longer suspension — 12 months versus 6 months for a failed test. However, in some cases, refusing may help your defense, since it limits the evidence against you. An attorney can evaluate whether your refusal was in your best interest.

Others want to know if they can expunge a DUI arrest. If the case is dismissed or you’re found not guilty, the arrest may be eligible for expungement. But a conviction cannot be sealed or expunged under Illinois law. That’s why avoiding a conviction is so important.

Drivers also want to know how long it takes to get a license back. After a suspension, you’ll need to pay a reinstatement fee. After a revocation, you must go through a hearing process with the Secretary of State, which can take several months. Your attorney can help prepare for that hearing.

Lastly, people wonder if out-of-state licenses are affected. Illinois reports DUI arrests and suspensions to other states. So if your license is from another state, your home state may suspend it based on the Illinois arrest. A lawyer can explain how that works and what steps to take.

Why You Should Hire The Law Offices of David L. Freidberg for DUI License Defense

After a DUI arrest in Chicago, the immediate threat to your driver’s license can cause stress and disruption to your daily life. You may rely on your vehicle to get to work, take care of your family, or attend school. Losing your license can affect your job and your future.

Trying to handle a DUI charge on your own is a mistake. The administrative and criminal processes move quickly, and the penalties are severe. The Law Offices of David L. Freidberg has decades of experience defending clients facing DUI charges throughout the greater Chicago area.

We understand the court systems in Cook County, DuPage County, Will County, and Lake County. We know how to fight statutory summary suspensions, protect your license, and develop strategic defenses to minimize or eliminate criminal consequences. Our office takes DUI defense seriously because your future is on the line.

Call The Law Offices of David L. Freidberg Today for 24/7 Help

If you’ve been arrested for DUI in Chicago or anywhere in the surrounding counties, you don’t have time to waste. The clock is already ticking on your license suspension. Call The Law Offices of David L. Freidberg immediately to begin your defense.

We offer a free consultation 24 hours a day, 7 days a week. Call (312) 560-7100 or toll-free at (800) 803-1442. We serve clients across Chicago, Cook County, DuPage County, Will County, and Lake County. Let us protect your license, your record, and your future.

Call Today for a Free Consultation

If you’ve been arrested for DUI and you believe the officer had no reason to stop you, don’t wait. Call The Law Offices of David L. Freidberg today. We’re available 24 hours a day to discuss your case.

The Law Offices of David L. Freidberg has decades of experience handling DUI charges throughout Illinois, including Lake County, Cook County, DuPage County, and Will County. We provide legal defense backed by courtroom skill and attention to detail. Our goal is to protect your rights, challenge the evidence, and pursue the best possible outcome.

If you’re facing a DUI charge in IllinoisWhat Happens To My License After a DUI Arrest in Illinois?, contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to defend your rights and help you fight back against DUI allegations.. We offer free consultations 24/7 and represent clients across Chicago and the surrounding counties. Don’t face this charge alone. Let us fight to protect your future.