Source Blog Post 1: https://www.herzberglawfirm.com/blog/2023/01/illinois-statutory-summary-suspension-first-offender/
Source Blog Post 2: https://www.herzberglawfirm.com/blog/2023/01/illinois-statutory-summary-suspension-second-or-multiple-offender/
Source Blog Post 3: https://www.illinoisdriverslicensereinstatementlawyer.com/illinois-restricted-driving-permit-rdp.html
In Illinois, if you are arrested for a DUI that results in a Statutory Summary Suspension (SSS) of your driver’s license. The clock starts when you are served with the Notice of Statutory Summary Suspension, and the SSS begins on the 46th day after you receive that notice. 625 ILCS 5/11-501.1(g). To challenge the SSS, you must file documents within 90 days of receiving the notice or you lose the right to a hearing to contest the SSS. A SSS is a time sensitive matter, and it is important to understand what rules apply to you and what options you have. These options vary based on whether you are a first time offender or a second time/multiple offender.
First Time Offenders:
You are a first time offender if either:
- This is your first DUI arrest, OR
- You have not had a SSS or DUI in the past 5 years before your new arrest.
If you are arrested for a DUI and a police officer requests a breath, blood, or urine sample, there are consequences for refusing. If you fail to provide a breath, blood, or urine sample in those circumstances, your license will be suspended for 12 months. 625 ILCS 5/6-208.1(a)(1). The officer will warn you that your refusal to submit to a test will result in a statutory summary suspension, and if you refuse, the officer will immediately provide you with a Notice of Statutory Suspension which starts the 46-day countdown to suspension. 625 ILCS 5/11-501.1(c). If you choose to provide a breath, blood, or urine sample to the officer and that sample ends up being over the legal limit, your license will be suspended for 6 months. 625 ILCS 5/6-201.1(a)(2). Once your blood or urine sample is returned from the laboratory, the officer will provide you with a Notice of Statutory Summary Suspension.
First time offenders are eligible to apply for a Monitoring Device Driving Permit (MDDP) from the Illinois Secretary of State, which can allow a person under SSS to legally drive with a breath alcohol ignition interlock device (BAIID). Drivers must apply for an MDDP, but there is no hearing required to get the MDDP.
You are ineligible for a MDDP if the Secretary of States finds any of the following:
(1) the offender’s driver’s license is otherwise invalid;
(2) death or great bodily harm to another resulted from the arrest;
(3) the offender has been previously convicted of reckless homicide or aggravated driving under the influence involving death; or
(4) the offender is less than 18 years of age. 625 ILCS 5/6-206.1(a)
Further, a BAIID device violation results in the Secretary of State extending the summary suspension for 3 additional months. 625 ILCS 5/6-206.1(j). Multiple extensions and new suspensions can result in your vehicle becoming impounded or even seized by the state. 625 ILCS 5/6-206.1 (k).
The Statutory Summary Suspension does not end until the Illinois Secretary of State reinstates your driving privileges. A first time offender must pay $250.00 fee to the Secretary of State, as well as follow steps to reinstate your license with the Secretary of State.
Second Time or Multiple Offenders:
You are a second time or multiple offender if either:
- Your first SSS is within 5 years of your new arrest, OR
- Your last guilty finding on a DUI charge is within 5 years of your new arrest.
If you refuse to submit to chemical testing as a second time or multiple offender, your license will be suspended for 3 years. If you fail chemical testing as a second time or multiple offender, your license will be suspended for 1 year.
Second time or multiple offenders are not eligible to apply for a Monitoring Device Driving Permit (MDDP). Instead, second time or multiple offenders can apply for a Restricted Driving Permit (RDP). Second time or multiple offenders are required to use a BAIID device as a condition of receiving a RDP.
If you are not eligible for reinstatement of your license yet, a RDP can be granted if you can prove you will not pose a risk to the public safety and that a hardship exists. Examples of reasons to issue a RDP include: to allow an employee transportation to and from work, to allow transportation to a medical facility to receive necessary care, and to allow a student transportation to and from school. 625 ILCS 5/6-206 (c)(3). To get a RDP, a person must appear at a hearing before the Illinois Secretary of State.
The Statutory Summary Suspension does not end until the Illinois Secretary of State reinstates your driving privileges. A second time or multiple offender must pay $500.00 fee to the Secretary of State, as well as follow steps to reinstate your license with the Secretary of State.
If you have a pending DUI case or have received a Notice of Statutory Summary Suspension, the Attorneys at Finegan Rinker & Ghrist have defended hundreds of DUI cases in Central Illinois and would be happy to discuss your case with you for free.
Want More Information?
Restricted Driving Permits: https://www.ilsos.gov/departments/BAIID/rdp.html
Monitoring Device Driving Permits: https://www.ilsos.gov/departments/BAIID/mddp.html
Illinois Secretary of State DUI Factbook 2024: https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf
