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.
Judicial Review
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.
Reinstatement Information
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, a reinstatement fee must be made to the Illinois Secretary of State.
Restricted License Information
Persons arrested on DUI charges who wish to seek a restricted license should contact the Illinois Secretary of State Monitoring Device Driving Permit (MDDP / BAIID).