If you have been arrested for drunk driving in Illinois, you may be surprised to find out that the state can suspend your driver’s license before you are convicted of anything.
This does not mean you do not have options to get back on the road.
What does it mean to have my driver’s license suspended?
If you are arrested for driving with a blood alcohol concentration of .08 or higher in Illinois, your driver’s license will be suspended. Under our implied consent law, your driver’s license will also be suspended if you refuse to take a BAC.
Driver’s license suspension is a civil proceeding that is separate from the criminal charge of drunk driving. The arresting officer will complete a Notice of Summary Suspension and provide you with a copy. Suspension will begin on the 46th day after you receive your notice and continue for six months or twelve months, depending on the circumstances.
If you are a first-time offender, you may be entitled to obtain a permit that allows you to drive an ignition interlock device.
Can I appeal the suspension?
You have 90 days from the date you receive your suspension notice to appeal. The state will schedule a judicial hearing within 30 days.
You should have an attorney represent you at this hearing. Your lawyer and review and challenge the evidence against you, including the video, and may be able to cross-examine the arresting officer. This can provide valuable evidence for your criminal DUI case, even if the appeal is not successful.
If your license is suspended, your attorney can also help you obtain reinstatement of your driver’s license as soon as possible.