DUI License Suspension

Any DUI arrest results in a dui license  suspension know as a “summary suspension”.

This suspension is a temporary suspension of a persons driving privileges. It will start 46 days from the date the person is notified of the dui suspension. The length will depend upon whether a person took or refused chemical testing, as well as a persons prior DUI history.

DUI License Suspension for First time offender

A person who has not had a prior DUI, or dui license suspension within 5 years of this DUI, will be considered a “first time offender”.

If someone is considered a first time offender, the period of suspension will last for 6 months with a chemical test resulting in a result of .08 or higher. For any first time offender who refuses a chemical test, the suspension will last 12 months. A chemical test can be a breath, blood or urine sample.

Driving Permit

In either circumstance, a person will be eligible for a driving permit that allows them to drive during the dui license suspension without limitation. This permit is known as a “Monitoring Device Driving Permit” (MDDP).

The only condition of the permit is that the car driven must have a breath machine installed. Other than that requirement, a person can drive without any other limitation.

Breath Device

The MDDP permit is monitored by a BAIID (breath alcohol ignition interlock device). Other than the permit requiring the BAIID device, there are no other limits on driving. A person can drive anywhere, anytime and for any purpose, as long as the vehicle being driven is BAIID equipped.

Second Time Offender

If a person has a prior DUI disposition, or DUI license suspension, within 5 years of the current DUI arrest, they will not be considered a “first offender”. In this circumstance, the period of dui suspension will last for 12 months if someone took a chemical test with a result of .08 or higher and will last for 36 months for anyone considered to have refused any such testing’

Additionally, unlike the “first time offender”, a “second time offender”; cannot get an MDDP. The only option for driving relief is to have a formal hearing with the Secretary of State.

Dismissal of DUI License Suspension

Any dui license suspension can be dismissed or rescinded.

Most typically, a judge will rescind a suspension:

  • when a timely hearing to rescind the dui license suspension is not held,
  • if no probable cause existed for the arrest, and/or
  • there were not proper warnings of the consequences of taking or not a breath,or other, test.

Other situations may allow for a dismissal of a suspension, but these are the most common.

Our Experience

Former prosecutor Steven Haney has handled hundreds of DUI cases involving all situations. He is in the Aggravated traffic courts of Will County on a daily basis and knows DUI defense second to none. To discuss in confidence your situation, contact us at 815-723-5600 or via e-mail.