If I Get a DUI, Will My License be Suspended or Revoked in Illinois?

 Posted on June 23, 2026 in Criminal Defense

Elgin, IL DUI defense lawyerA DUI in Illinois can result in your license being suspended or revoked. A suspension is temporary. A revocation remains in effect until you successfully complete the reinstatement process. In some cases, both happen at different stages of the process. If you are facing a DUI charge and worried about your driving privileges in 2026, an Elgin, IL DUI defense lawyer can help you protect your license and fight for the best possible outcome in your case.

What Is the Statutory Summary Suspension in a DUI Case?

The statutory summary suspension is the first license consequence most DUI defendants face. It happens automatically before your criminal case is even resolved.

Under 625 ILCS 5/11-501.1, when you are arrested for DUI in Illinois, you are subject to a statutory summary suspension of your driving privileges. The length of that suspension depends on whether you took a chemical test and what the result was.

If you took the breath or blood test and registered 0.08 or higher, your license is suspended for six months for a first offense. If you refused the test, the suspension is 12 months for a first offense. These suspensions are longer for repeat offenders.

The suspension takes effect on the 46th day after your arrest. That gives you a narrow window to challenge it. You have 90 days from the date of the Notice of Statutory Summary Suspension to request a hearing to fight the suspension. If you do not request a hearing in time, the suspension goes into effect automatically with no chance to contest it.

Can You Drive at All During a License Suspension?

Under 625 ILCS 5/6-206.1, first-time DUI offenders who are subject to a statutory summary suspension may be eligible for a Monitoring Device Driving Permit, or MDDP. This permit allows you to drive during the suspension period, but only in a vehicle equipped with a Breath Alcohol Ignition Interlock Device, or BAIID. The BAIID requires you to blow into a breathalyzer before the car will start and at random intervals while driving.

Many first-time offenders are eligible for an MDDP, although eligibility depends on the circumstances of the case and the requirements of Illinois law. An attorney can help you determine whether you qualify and how to get the permit in place quickly.

What Happens to Your License if You Are Convicted of DUI in Illinois?

A DUI conviction can lead to a driver's license revocation that is separate from the statutory summary suspension. Under 625 ILCS 5/6-205, a first DUI conviction generally results in a minimum one-year revocation of driving privileges. A second conviction within 20 years generally results in a minimum five-year revocation. A third conviction generally results in a minimum 10-year revocation, while a fourth or later conviction results in a lifetime revocation.

Unlike a suspension, a revocation does not automatically end when the minimum period expires. To drive again, you must apply for reinstatement through the Illinois Secretary of State. Depending on your case, this may require a formal hearing.

You must present evidence showing that you can drive safely and, when appropriate, that you have addressed any alcohol or substance abuse issues. The Secretary of State is not required to grant reinstatement, so some applicants are denied and must apply again later.

How Can You Challenge the License Suspension or Revocation?

You can challenge a statutory summary suspension by requesting a hearing. At the hearing, your attorney may argue that the traffic stop, testing procedures, or other parts of the investigation did not follow the law. If successful, the suspension can be rescinded.

In many cases, avoiding a license revocation requires successfully defending against the DUI charge itself. Your attorney will review the traffic stop, the evidence, and whether your rights were violated to build the strongest possible defense.

Schedule a Free Consultation With Our Kane County, IL DUI Defense Attorney

A DUI charge puts your license, your freedom, and your future at risk all at the same time. You deserve someone who understands both the criminal and administrative sides of these cases and knows how to fight on every front. Attorney Mirandola is a former Assistant State's Attorney who spent years building cases on the prosecution side, which means he knows exactly how the other side works and where the weaknesses are. With 20 years of criminal law experience, he is ready to fight for your driving privileges and your future. Contact an Elgin, IL DUI defense lawyer at The Law Office of Brian J. Mirandola by calling 847-488-0889 to talk through your situation today.

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