DUI Revoked License & Suspended License Illinois Procedure

When you’re facing a DUI charge in Illinois, one of the most immediate and disruptive consequences is the loss of your driving privileges. At Johnson & Goldrich, P.C., we help Illinois residents understand and navigate DUI license suspension and revocation.

How a DUI Affects Your Illinois Driver’s License

In Illinois, a DUI arrest triggers two separate processes: the criminal case and an administrative action against your driver’s license.

Statutory Summary Suspension

When you’re arrested for DUI in Illinois, you’ll face an automatic statutory summary suspension if you:

• Fail a chemical test by registering a blood alcohol content (BAC) level of 0.08 or higher
• Refuse to take a chemical test when requested by law enforcement

This suspension begins 46 days after your suspension notice, giving you a limited window to contest it. For first-time offenders, the suspension lasts:

• 6 months if you failed the chemical test
• 12 months if you refused the test

For repeat offenders, these suspensions increase to:

• 1 year for failing a chemical test
• 3 years for refusing the test

You can request a judicial hearing to challenge this suspension within 90 days after the notice date.

License Revocation for DUI Conviction

If you’re convicted of DUI, the consequences become more severe. The Secretary of State will revoke your license, which differs from a suspension in critical ways:

• A suspension has a defined end date
• A revocation has no automatic end date
• You must petition for reinstatement after a revocation by requesting an Illinois Secretary of State formal hearing
• The minimum revocation period depends on your prior history

For a first DUI conviction, your license will be revoked for at least one year. Multiple convictions extend this period significantly:

• 5 years for a second conviction within 20 years
• 10 years for a third conviction
• Lifetime revocation for four or more convictions

If you’re convicted of an aggravated DUI, legal consequences are more severe even for first-time DUI offenses.

The Difference Between Suspension and Revocation

Many people confuse license suspension with revocation, but they represent different situations:

• When your license is suspended, you’re dealing with a temporary loss of driving privileges with a defined end date. After the suspension period, you need to pay a reinstatement fee, but the process is relatively straightforward.
• A revocation, however, completely terminates your driving privileges with no automatic reinstatement. You must petition the Secretary of State, attend a hearing, and prove you deserve to have your license reinstated. You must also pay a fee, undergo an alcohol/drug evaluation, and complete a remedial education program.

DUI Charges for Drugs and Marijuana

In Illinois, DUI laws apply not only to alcohol but also to drugs, including marijuana. Many people mistakenly believe that a DUI only relates to alcohol consumption. Driving under the influence of any substance that impairs your ability to drive safely can lead to a DUI charge.

If you take a chemical test that shows any of the following, you will be charged with a DUI:

• THC level of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance
• Any trace of any drug (other than cannabis), illegal substance, or intoxicating compound

Field Sobriety Tests: Failure and Refusal Consequences

Field sobriety tests serve as a key tool for police officers evaluating potential impairment during traffic stops. Understanding how these tests affect your case and your driving privileges is crucial, especially with Illinois’ specific laws regarding cannabis.

Illinois has implemented specific consequences for field sobriety tests when cannabis impairment is suspected. Unlike with alcohol, where refusing field sobriety tests doesn’t automatically trigger license suspension, cannabis creates different rules.

If an officer reasonably suspects you’re driving while impaired by cannabis, they can request standardized field sobriety tests. In these cases:

• Refusing or failing to complete these tests results in a 12-month suspension of your driving privileges
• Completing the tests but showing signs of impairment results in a 6-month suspension
• Field sobriety test suspensions take effect on the 46th day after your suspension notice
• You will not be eligible for a Monitoring Device Driving Permit (MDDP) during the suspension
• The suspension is independent of any criminal penalties for a DUI conviction
• You may have both a field sobriety test suspension and a statutory summary suspension simultaneously

You can request a judicial hearing to challenge this suspension within 90 days after the notice date.

Driving On a Suspended or Revoked License After a DUI

One of the most serious mistakes you can make is driving while your license is suspended or revoked due to a DUI. This offense carries severe penalties, such as:

• Mandatory jail time or community service
• Extended license revocation period
• Potential felony charges
• High fines and court costs

If you’re caught driving during a DUI-related suspension or revocation, you may face a Class 4 felony charge. This charge results in potential prison time for 1-3 years and effectively resets the clock on your eligibility for license reinstatement.

Options for Limited Driving Relief

Monitoring Device Driving Permit (MDDP)

First-time DUI offenders may be eligible for a Monitoring Device Driving Permit during their summary suspension. This permit allows driving privileges if you install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.

Restricted Driving Permit (RDP)

If facing DUI-related license revocation, you may be eligible for an Illinois Restricted Driving Permit. This allows limited driving for:

• Employment
• Educational purposes
• Medical appointments
• Substance abuse treatment
• Child care or elder care responsibilities

How an Attorney Can Help After DUI Revocation

The revoked license procedure to regain your driving privileges is complex and requires several steps. An experienced license reinstatement attorney can:

• Evaluate your eligibility for limited driving relief
• Guide you through the proper substance abuse evaluation and treatment
• Prepare you for Secretary of State hearings
• Ensure your documentation is complete and properly presented
• Ensure no subtle requirements are overlooked
• Represent you at formal and informal hearings
• Help you understand and fulfill all reinstatement requirements
• Develop strategies for challenging cases

Choose Johnson & Goldrich, P.C.

Our law firm focuses exclusively on driver’s license reinstatement, including complex DUI-related revocations. Our approach combines deep knowledge of Illinois law with personalized attention to your specific case.

If you’ve been charged with a DUI and a suspended license or license revocation is hanging over your head, we can help. Contact Johnson & Goldrich, P.C., today for a free consultation. Our team will review your situation, explain your options, and help you create a clear path to license reinstatement.