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.

I.

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.

II.

Reinstatement Information

Suspended driving privileges will not be restored until:

(A) 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
(B)

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:

Jesse White
Illinois Secretary of State
Traffic Violations Section
Driver Services Department
2701 South Dirksen Parkway
Springfield, Illinois 62723-0001
Attention: LESR

III. Restricted License Information

(A) Judicial Driving Permit (JDP): Persons currently charged with a DUI offense who have not had an alcohol related offense within the past five years may petition a judge for a judicial driving permit (JDP) to relieve undue hardship. The following steps are required before a judge will grant a JDP:
  1. The defendant must qualify for renewal of his or her regular driver's license if it has expired during the period covered by a JDP; and

  2. The defendant must obtain a current alcohol or drug evaluation from the Central States Institute of Addiction (CSIA) which has offices in Chicago and the suburbs. The main telephone number for the Central States Institute of Addiction is (312) 948-6001. CSIA is the only agency approved by the Circuit Court of Cook County to conduct alcohol and drug evaluations. A JDP may not be obtained without this evaluation. Defendants requesting a JDP hearing on their first court date must bring the evaluation with them. Defendants are encouraged to make an appointment with CSIA immediately because the evaluation process can take up to three weeks. Defendants also should consult with a lawyer before beginning the evaluation process; and

  3. The defendant must provide a letter from his or her employer certifying hours of employment and the routes driven to remain employed, or the unavailability of an alternate way to commute to work; or

  4. The defendant must provide satisfactory proof that he or she must drive to receive medical, alcohol or drug treatment, or to attend educational programs and that no alternate means of transportation exists, or that the defendant must drive a member of his or her household to receive medical, alcohol or drug treatment, or to attend educational programs and that no alternate means of transportation exists.
(B)

Restricted Driving Permit (RDP): Persons who have had more than one alcohol related offense within the past five years and for whom a hardship exists may be eligible for a restricted driving permit (RDP). Defendants should contact the Illinois Secretary of State's Office or their attorney for information regarding this permit.


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This web site is not intended to give specific legal advice about your case. It is for general information only. Consult a lawyer.
 
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