Driving in the State of Illinois after a DUI Charge
Interviewer: Can you explain what will occur with an Illinois Driver’s License after a DUI?
Breath Test Results over .08 Will Result in a 6 Month Suspension 46 Days after the DUI Charge Is Issued
Jerry Novak: Yes. Normally when someone is arrested for DUI alcohol in Illinois, if they come to the station and submit to a breath test and that breath test is over .08; their license will remain valid from the day of arrest for forty-five additional days. On the forty-sixth day, the suspension will start.
Refusals Result in a 12 Month Suspension 46 Days after a DUI Charge Is Issued
It works the same way with an alcohol related refusal. They’re served with the notice of suspension, and their license is valid for forty-five days, and on the forty-sixth day the suspension takes effect.
In both of those cases, a first offender, who submits to chemical testing and is over .08, will receive a six month license suspension.
In the instance of a first time offender who refuses chemical testing, they will get a twelve month suspension. That’s for first offenders.
The Length of the Suspension Increases for Subsequent Offenses
The second offenders, who submit to chemical testing, and if they’re a second offender within five years, they’ll get a one year suspension, and a second offender within five years will get a three years suspension.
The big difference there is first offenders can obtain a monitoring device driving permit, and second offenders within five years cannot get the monitoring device driving permit.
There is no relief for a second offender within five years. That becomes a big problem for most people.
If Drug Use Is Suspected, Blood or Urine Samples Are Submitted to a Crime Lab for Analysis; the Results May Take Several Months
Additionally, when we switch our focus over to a drug DUI, when the defendant or driver is arrested, and they go to the station and police collect a urine specimen, they then mail off that urine specimen, or they take you to the hospital and they get a blood specimen. In either case, the specimen of blood or specimen of urine is sent off to the crime lab.
The crime lab may take weeks to analyze the substance, and then it may be weeks before they will generate a report. Maybe even two months will go by before the police department gets the analysis back, and if the analysis shows that you’re positive for any drugs—then what happens is the police officer will mail you a notice of suspension.
If the Results Are Positive, the License Is Suspended 46 Days after the Mailing Date of a Notice to the Driver
Meanwhile your license has been valid all this time, and once the police officer mails you the notice of suspension, on the date of mailing the license will remain valid for forty-five additional days, and be suspended on the forty-sixth day.
It’s a big difference between the ways the suspension goes into effect for an alcohol-related DUI case as opposed to a drug-related DUI case.