Persons charged with a DUI offense automatically receive a suspension of driving privileges in Illinois, known as a statutory summary suspension. In addition to the suspension, such persons also face a fine, imprisonment or both if convicted.
Persons charged with a DUI offense should not wait for the first court date to contact an attorney but should do so immediately. Delay in contacting an attorney can result in the loss of certain rights. Several important things can happen on a defendant's case before he or she goes to court for the first time.
A petition can be filed before a judge to rescind the statutory summary suspension. In most cases this must be filed no later than 90 days after the date of arrest and must be based on specific grounds allowed by the Illinois DUI statute. The petition must be in writing and should be filed with the Clerk of the Circuit Court, on or before the first court date. Circuit Court Rule 11.1 provides that the prosecution shall, when reasonable, be ready to proceed on the first court date. If the defendant is not ready to file a petition for judicial review on the first court date, there is no guarantee he or she will get a hearing before the statutory summary suspension goes into effect.
Suspended driving privileges will not be restored until:
- the expiration of the period specified on the notice of statutory summary suspension or the expiration of an additional period of time as directed by the court has taken place; and
- for first time offenders, payment of a $60.00 reinstatement fee must be made to the Illinois Secretary of State. This payment may be mailed to:
Illinois Secretary of State
Traffic Violations Section
Driver Services Department
2701 South Dirksen Parkway
Springfield, Illinois 62723-0001
Restricted License Information
Currently in Illinois, persons under a statutory summary suspension can petition a judge for a Judicial Driving Permit (JDP) or a Monitoring Device Driving Permit (MDDP), depending on the date of their arrest on DUI charges.