Will My License Be Suspended Automatically After a DUI Arrest in Illinois?

DUI Arrests in Chicago: How the City and the Law Intersect

In a city as heavily policed and densely populated as Chicago, DUI arrests are a daily occurrence. Between late-night traffic stops, weekend checkpoints, and police patrols in neighborhoods from Wicker Park to the South Side, drivers suspected of impairment are often arrested on the spot. But the real impact of a DUI arrest in Chicago extends beyond the police station. For many drivers, the first consequence is losing the ability to drive. Illinois law enforces swift action after a DUI arrest, often suspending a driver’s license through a civil administrative process long before any criminal case plays out in court.

Under the Illinois Vehicle Code, most DUI arrests trigger what’s called a statutory summary suspension. This is a civil action by the Secretary of State that takes effect regardless of whether you are ever convicted of DUI. While a conviction is a criminal matter handled in court, the license suspension starts with the arrest and can happen automatically unless you challenge it in time.

DUI in Illinois may be charged as a misdemeanor or a felony, depending on the circumstances. A first or second DUI without aggravating factors is a Class A misdemeanor under 625 ILCS 5/11-501, punishable by up to 364 days in jail and a maximum fine of $2,500. However, DUI becomes a felony — called Aggravated DUI — when certain factors are involved, such as driving without a license or insurance, having prior DUI convictions, or causing bodily harm. Aggravated DUI can range from a Class 4 to a Class X felony and carries years of prison time.

Understanding the Summary Suspension Process in Illinois

After a DUI arrest, Illinois law mandates a statutory summary suspension of your driving privileges. This suspension kicks in automatically unless you act to stop it. If you submitted to chemical testing (like a breath or blood test) and your BAC was 0.08% or higher, your license will be suspended for six months. If you refused testing, the suspension lasts for twelve months for a first offense.

This process is authorized under 625 ILCS 5/11-501.1 and 625 ILCS 5/6-208.1. Importantly, the suspension begins 46 days after the arrest. That gives you a short window to file a petition to challenge the suspension in court. This is done through a motion to rescind the statutory summary suspension, which allows you to demand a hearing in front of a judge. Your attorney can challenge whether the officer had reasonable grounds to arrest you, whether you were properly warned of the consequences of refusal, or whether the chemical test results are valid.

The penalties tied to the administrative suspension are separate from any penalties imposed in a criminal DUI case. That means even if your DUI charge is dropped or dismissed, your license can still be suspended unless you won at the summary suspension hearing.

How DUI Arrests Lead to Criminal Charges in Illinois

Criminal charges after a DUI arrest begin with a complaint filed by law enforcement, usually within 24 to 48 hours. The charges are based on police observations, the results of field sobriety or chemical tests, and sometimes statements you made at the scene. These cases are prosecuted under 625 ILCS 5/11-501 and other relevant sections of the Illinois Criminal Code.

The prosecutor must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. Field sobriety tests, dashboard camera footage, officer testimony, and lab results are often used as evidence. A conviction for a first-time misdemeanor DUI brings fines, alcohol education, possible jail time, and license suspension or revocation. Multiple DUI convictions, driving with a child passenger, or causing injury elevate the offense to a felony with far more severe consequences.

DUI convictions also lead to a criminal record. In Illinois, a DUI conviction cannot be expunged or sealed, meaning it remains visible to employers, landlords, and licensing agencies for life. That’s why every step of the case — from the initial arrest to sentencing — requires focused legal strategy.

The Criminal Trial Process for DUI Charges in Illinois

Once formal charges are filed, a DUI case proceeds through several stages. The process begins with an arraignment, where the charges are read and the accused enters a plea. From there, the case moves into pre-trial motions and discovery. The defense can request access to police reports, video evidence, lab results, and more.

Motions to suppress evidence may be filed if the stop or arrest was unlawful or if your constitutional rights were violated. The summary suspension hearing, though civil, may be held during this time and can offer insight into how the court may treat the officer’s testimony.

If the case is not resolved through a plea agreement, it proceeds to trial. In Illinois, DUI defendants have the right to a bench trial or a jury trial. The state must present admissible evidence to prove impairment, and the defense can cross-examine witnesses and call experts to challenge breath test accuracy or police procedures.

If convicted, sentencing follows. If found not guilty, the case is closed, but you may still need to address the license suspension separately.

Types of Evidence Law Enforcement Collects in DUI Cases

During a DUI investigation, officers aim to gather evidence to justify the arrest and support prosecution. This includes visual observations, such as swerving, delayed reactions, or traffic violations. Once pulled over, the officer documents signs of impairment: odor of alcohol, glassy eyes, slurred speech, and coordination issues.

Field sobriety tests are commonly administered, though their results are often subjective. Officers also use preliminary breath tests at the roadside, which are not admissible in court but can be used to establish probable cause. Chemical tests, such as breathalyzers, blood tests, or urine tests, are conducted after arrest and used in court proceedings.

Video evidence from dashboard or body cameras can be a critical part of both the prosecution and the defense. Statements made to police — even casual comments — may also be included in the report and presented in court.

Why You Need an Attorney at Every Step of a DUI Case

A DUI case in Illinois involves both civil and criminal components, each with strict deadlines, high stakes, and complex legal procedures. Having a criminal defense attorney from the very beginning ensures your rights are protected at every stage.

Your attorney can request the summary suspension hearing, file motions to suppress evidence, negotiate with the prosecution, and prepare for trial. Without legal guidance, you may miss the deadline to challenge your license suspension or fail to identify procedural errors that could result in a dismissal.

Legal representation also helps you avoid costly mistakes — such as making incriminating statements, missing court dates, or pleading guilty without understanding the long-term consequences. DUI defense is not just about avoiding jail; it’s about protecting your license, your job, and your record.

Common Legal Defenses to Illinois DUI Charges

There are many potential defenses to a DUI charge. One of the most common is lack of probable cause. If the officer had no lawful reason to stop your vehicle, any evidence obtained may be inadmissible. Other defenses include improper administration of field sobriety or chemical tests, medical conditions mistaken for impairment, or faulty testing equipment.

If the officer failed to read the warning regarding chemical test refusal, or if test results were mishandled, your attorney may be able to suppress that evidence. In some cases, expert witnesses are brought in to challenge the science behind breathalyzer machines or the reliability of drug recognition evaluations.

Your defense strategy depends on the specific facts of your case, which is why hiring the right attorney is crucial.

What to Look for in a Criminal Defense Attorney in Illinois

Not all attorneys are the same. When facing DUI charges in Illinois, you should hire someone who focuses on criminal defense and has extensive experience with DUI cases. The attorney should be familiar with local court procedures, judges, and prosecutors in Cook County and the surrounding areas.

Look for an attorney who is responsive, communicates clearly, and explains your options without pressure. They should have a track record of favorable outcomes, including dismissals, reduced charges, and wins at trial.

Questions to Ask During Your Free Consultation

When speaking with a potential DUI defense attorney, ask how many DUI cases they’ve handled in your area. Ask how often they take cases to trial, and how they approach summary suspension hearings. Ask whether they can challenge chemical test results and what their strategy would be in your case. Ask about the timeline, expected costs, and who will be handling your case day-to-day.

The answers to these questions can help you decide if the attorney has the experience, confidence, and skill to represent you effectively.

Chicago DUI Defense FAQs

Can I drive after a DUI arrest in Chicago? You may still be able to drive during your suspension if you are eligible for a Monitoring Device Driving Permit (MDDP), which requires a BAIID installed in your vehicle.

Will a DUI show up on my background check in Illinois? Yes. A DUI arrest and conviction will appear on background checks unless it is expunged, which is rare for DUI cases.

What is the difference between DUI and DWI in Illinois? Illinois law only uses the term DUI — Driving Under the Influence — to refer to impaired driving charges.

Can a DUI be reduced to reckless driving in Illinois? Yes, in some cases. This is called a “wet reckless” and is negotiated during plea bargaining. It may avoid some of the harsher penalties associated with a DUI conviction.

How soon should I hire a lawyer after a DUI arrest in Chicago? Immediately. You have a limited time to request a hearing to fight the summary suspension of your license.

Do I have to install a breathalyzer in my car after a DUI in Illinois? If you wish to drive during your suspension period, yes. Illinois law requires a BAIID device as a condition of a hardship permit.

Can I refuse field sobriety tests during a traffic stop in Chicago? Yes. Field sobriety tests are voluntary, and there is no penalty for refusal. However, refusing a chemical test after arrest does result in automatic license suspension.

Is a first-time DUI a felony in Illinois? Not usually. A first-time DUI is a Class A misdemeanor unless aggravating factors are present, such as a child passenger or bodily injury.

Will I go to jail for a first-time DUI in Illinois? Jail is possible but not mandatory for a first offense. Many first-time DUI cases are resolved through court supervision, fines, and mandatory education.

What is court supervision in a DUI case? Court supervision allows the case to be dismissed after a period of compliance with court-ordered conditions. It is not a conviction but is only available once in a lifetime for DUI offenses.

Why You Need a DUI Defense Attorney After a DUI Arrest in Illinois

Trying to handle a DUI charge without an attorney puts your license and your future at risk. The laws surrounding DUI in Illinois are complicated and unforgiving. A single mistake — such as missing a deadline or misunderstanding your rights — can result in a permanent conviction and long-term consequences.

The Law Offices of David L. Freidberg has defended thousands of clients facing DUI charges throughout Chicago and Cook County. We understand how to challenge the state’s evidence, protect your driving privileges, and defend your record.

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

If you’ve been arrested for DUI in Chicago, your license may be at risk of immediate suspension — even before you go to court. 

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 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.