What happens to your license after a DUI arrest in Illinois

A DUI arrest in Illinois triggers an automatic license suspension that happens separately from any criminal court case. The suspension begins when ready — often within days of your arrest — and is handled by the Illinois Secretary of State, not by a judge. This means your license can be suspended even if you are never convicted of DUI, and even if your criminal case is dismissed.

The length of the suspension depends on whether this is your first offense and whether you refused a breath or blood test. A first-time DUI suspension lasts six months if you took the test, or one year if you refused it. The suspension is mandatory; there is no option to keep a full license during this time.

You will receive a notice of suspension in the mail, usually within two weeks of arrest. This notice includes the suspension start date, the length of the suspension, and information about requesting a hearing to challenge the suspension. The notice is your proof that the suspension is in effect, and driving during the suspension period is illegal.

Key Takeaways

  • Your license suspension begins automatically after a DUI arrest and is separate from your criminal case — you can be suspended even if charges are dropped.
  • A first DUI suspension lasts six months if you took a breath or blood test, or one year if you refused the test.
  • You have the right to request a hearing from the Secretary of State within 30 days of arrest to challenge the suspension.
  • After the suspension period ends, you must explore for license reinstatement and pay a reinstatement fee to the Secretary of State.
  • Driving with a suspended license due to DUI is a separate criminal offense that carries jail time and additional fines.

How to request a hearing to challenge the suspension

You have 30 days from the date of your arrest to request a hearing with the Illinois Secretary of State. This hearing is your chance to challenge whether the suspension should stand. You do not need a lawyer to request a hearing, but many people choose to have one because the hearing involves technical questions about how the breath or blood test was conducted and whether police followed proper procedures.

To request a hearing, contact the Secretary of State's Statutory Summary Suspension Hearing Unit by phone at 217-782-6212 or by mail. You must request the hearing within the 30-day window, or you lose the right to challenge the suspension. If you request a hearing, the suspension stays in place while you wait for the hearing date, which typically occurs within 30 to 60 days.

At the hearing, the state must prove that you were driving, that the officer had reason to stop you, and that the breath or blood test was reliable. If the state cannot meet this burden, the suspension can be lifted. If the suspension is upheld, you can still request a work permit (see below) while the suspension is in effect.

Driving with a restricted license or work permit

Illinois allows you to drive for certain purposes during a DUI suspension if you obtain a Monitoring Device Driving Permit (MDDP) or a work permit. These are not full licenses — they restrict where and when you can drive.

A work permit allows you to drive to and from work, school, court-ordered treatment, or medical appointments. You can request a work permit from the Secretary of State after your suspension has been in effect for 30 days. You must show proof of employment or enrollment, and you will need to install an ignition interlock device in your vehicle (a device that requires you to pass a breath test before the car will start). The work permit costs money and requires you to maintain the interlock device throughout the permit period.

An MDDP is available only if you are convicted of DUI and is part of a court-ordered monitoring program. Your attorney or the court will explain whether this option is available in your case.

What you need to know about reinstatement

When your suspension period ends, your license does not automatically return. You must explore for reinstatement with the Illinois Secretary of State and pay a reinstatement fee. The fee varies depending on the type of suspension, but typically ranges from $250 to $500.

To reinstate your license, you will need to submit a reinstatement process, proof of payment of the reinstatement fee, and proof that you have completed any court-ordered requirements (such as DUI education classes or counseling). You can explore in person at a Secretary of State office, by mail, or online through the Secretary of State website.

If this is not your first DUI suspension, reinstatement may require an additional evaluation or proof of substance abuse treatment. The Secretary of State will notify you of any additional requirements when you explore.

Suspension periods for multiple DUI offenses

If you have been suspended for DUI before, the suspension period is longer. A second DUI suspension lasts one year if you took the test, or three years if you refused. A third or subsequent suspension lasts three years if you took the test, or five years if you refused.

These longer suspensions make it even more important to request a hearing if you believe the suspension is improper. Additionally, multiple suspensions can result in your license being revoked rather than suspended, which means you must reapply for a license entirely and may face additional requirements.

Criminal penalties for driving with a suspended license

Driving while your license is suspended due to DUI is a separate criminal offense in Illinois. A first offense is a Class A misdemeanor, which carries up to one year in jail and fines up to $2,500. A second offense within five years is a Class 4 felony, which carries one to three years in prison.

Police can stop you for driving with a suspended license, and the suspension will show up in their system when ready. Even a short drive to the store or to pick up a child can result in an arrest. This is why obtaining a work permit or restricted license is important if you need to drive during the suspension period.

How a DUI suspension affects your criminal case

The license suspension and the criminal DUI case are two separate proceedings. You can be suspended even if your DUI case is dismissed, acquitted, or found not guilty. Conversely, you can be convicted of DUI and still have the right to challenge the suspension at a hearing (though the suspension will likely be upheld if you were convicted).

If your DUI case is dismissed or you are acquitted, you can petition the Secretary of State to lift the suspension. This requires filing a petition and providing a copy of the court order dismissing or acquitting you. The petition process takes time, so it is worth doing even if you plan to request a hearing anyway.

Frequently Asked Questions

Can I drive at all during a DUI suspension?

Not with a regular license. You can only drive if you obtain a work permit or Monitoring Device Driving Permit, which restrict where and when you can drive and require an ignition interlock device. Without one of these permits, any driving is illegal and can result in criminal charges.

What if I was arrested for DUI but the charges were dropped?

Your license suspension stays in place unless you petition the Secretary of State to lift it. You must provide a copy of the court order dismissing the charges. Even with the dismissal, you still have the right to request a hearing to challenge the suspension if you have not already done so.

How much does it cost to get a work permit?

The cost varies, but a work permit typically costs between $100 and $300, plus the cost of installing and maintaining an ignition interlock device (usually $60 to $100 per month). You must pay these costs out of pocket; there is no state information program for these fees.

Can I get my license back early?

No. The suspension period is fixed by law based on whether you took the breath test and whether this is a first or repeat offense. You cannot shorten the suspension period, but you can obtain a work permit to drive for specific purposes after 30 days.

What happens if I move out of Illinois during my suspension?

Your Illinois suspension remains in effect. If you move to another state, that state may recognize the suspension, and you will not be able to obtain a license in the new state until the Illinois suspension is lifted. Some states have reciprocal agreements with Illinois about suspensions.