Understanding the Illinois DUI Process
Two Separate DUI Proceedings in Illinois:
Criminal DUI Case
The court handles fines, jail, probation, treatment, IID, and whether you are convicted of DUI.
Statutory Summary Suspension (SSS)
The Illinois Secretary of State (ILSOS) imposes an automatic license suspension based on BAC or refusal even if you are later found NOT guilty in court.
Understanding the Illinois DUI Process
FIRST DUI
SECOND DUI
What Happens After a DUI Arrest in Illinois?
Immediate Actions (First 10 Days)
• Expect your license to be suspended automatically
• Suspension begins 46 days after arrest unless contested
• Contact a DUI attorney
• Do NOT discuss your arrest publicly
• Gather paperwork and witnesses
Statutory Summary Suspension (SSS)
• Automatic suspension issued by ILSOS
• Court outcome does NOT automatically reverse SSS
• Suspension lengths (first offense):
Failed test: 6 months
Refusal: 12 months
• Longer suspensions for repeat offenders
Criminal Court Process
• Arraignment
• Discovery & evidence review
• Motions (including petition to rescind SSS)
• Plea negotiations or trial
• Sentencing (fines, jail, classes, IID, treatment)
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🚨 URGENT: Only 10 Days to Act!
A DMV Administrative Per Se (APS) hearing is your opportunity to challenge the automatic license suspension that comes with a DUI arrest. This is separate from your criminal court case and focuses solely on whether your driving privileges should be suspended.
Online Request
Website: Create an account and submit your hearing request electronically with required documents.
Mail or Fax
Mail: DMV Driver Safety Office
Fax: Check your pink slip for local office fax number
Must be postmarked within 10 days
1
Hearing Scheduled
MVD schedules your hearing (usually 4-8 weeks out) and sends you notice with date, time, and location
2
Evidence Review
Hearing officer reviews police reports, BAC results, and arrest procedures for legal compliance
3
Your Defense
You (or your attorney) can present evidence, cross-examine witnesses, and challenge the arrest
4
Decision
Hearing officer decides to uphold or set aside the suspension. Decision mailed within 5 days
Improper Stop
Officer lacked reasonable suspicion to pull you over
Rising BAC
Your BAC was under 0.08% while driving but rose later
Testing Errors
Breathalyzer malfunction or improper calibration
Medical Conditions
Health issues that affected BAC test results
Procedural Violations
Police failed to follow proper arrest procedures
Chain of Custody
Problems with blood sample handling or storage
✅ Hearing Won (Set Aside)
✓ No license suspension
✓ Keep full driving privileges
✓ No SR-22 requirement from DMV
✓ Temporary license extended
❌ Hearing Lost (Sustained)
✓ License suspended as scheduled
✓ Must complete suspension period
✓ SR-22 required for reinstatement
✓ May be eligible for restricted license
📅 No Hearing Requested
✓ Automatic suspension (no appeal)
✓ Suspension starts 30 days after arrest
✓ No opportunity to challenge
✓ Must serve full suspension period
1. Legal Arrest
✓ Officer had reasonable suspicion to stop
✓ Probable cause for DUI arrest
✓ Proper arrest procedures followed
2. BAC Over Legal Limit
✓ BAC 0.08% or higher (0.04% CDL)
✓ Test taken within 3 hours of driving
✓ Proper testing procedures used
3. You Were Driving
✓ You were operating the vehicle
✓ On a public road or highway
✓ Officer witnessed or has evidence
4. Proper Advisement
✓ Informed of consequences of refusal
✓ Given choice of breath or blood test
✓ Proper admonishment given
