Getting pulled over for suspected DUI can be one of the most stressful experiences a driver faces. Beyond the criminal penalties, one of the first questions people ask is: Will I lose my license?
In Illinois, the answer depends on several factors, including whether you refused testing, whether this is your first offense, and the outcome of your court case. Understanding the driver’s license consequences can help you prepare for what’s ahead and avoid unnecessary missteps.
If you’ve been charged with DUI, the team at Hirsch Law Group is here to help. We’ve defended clients across Illinois in both misdemeanor and felony DUI cases, and we know how the criminal and administrative processes affect your ability to drive. Here’s what you should know.
The Automatic License Suspension: Statutory Summary Suspension
In Illinois, you don’t have to be convicted of DUI to lose your license. A Statutory Summary Suspension is triggered automatically if:
- You fail chemical testing (your BAC is .08% or higher)
- You refuse to submit to testing (breath, blood, or urine)
This suspension is a civil penalty from the Illinois Secretary of State (not a criminal one), and it goes into effect 46 days after your arrest, unless it’s successfully challenged.
Here’s what that looks like:
- First-time DUI with failed test: 6-month suspension
- First-time DUI with test refusal: 12-month suspension
- Repeat offender with failed test: 12-month suspension
- Repeat offender with test refusal: 36-month suspension
You can contest the suspension by requesting a hearing, but you must act quickly; this must be done within 90 days of the arrest.
Learn more about how Illinois handles DUI charges and how we help clients challenge suspensions.
Criminal DUI Convictions and License Revocation
If you’re convicted of DUI, the penalties are more serious. A conviction can lead to revocation, which is different from suspension.
- License suspension = temporary loss of driving privileges, automatically lifted after a set time (if conditions are met).
- License revocation = indefinite loss of driving privileges, requiring a formal reinstatement process.
Revocation Periods After a DUI Conviction:
- First offense: Minimum 1-year revocation
- Second offense (within 20 years): Minimum 5-year revocation
- Third offense: Minimum 10-year revocation
- Fourth or more: Permanent revocation (with very limited exceptions)
The court will also notify the Secretary of State about your conviction, which triggers this revocation process.
Can I Still Drive During a Suspension?
Possibly. Many people qualify for a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP), depending on their record and the nature of the offense.
First-Time DUI – MDDP Eligibility
If this is your first offense and your license is suspended (but not revoked), you may be able to apply for an MDDP. This permit allows you to drive with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle.
Checklist for MDDP eligibility:
- First-time DUI offense
- Not driving a commercial vehicle
- Not causing death or great bodily harm during DUI
You must pay for the BAIID installation and monitoring, but many find this worth it to stay on the road.
After Revocation – RDP Eligibility
If your license has been revoked, you may be able to apply for an RDP after serving part of your revocation. This typically requires:
- A formal hearing with the Secretary of State
- Proof of treatment or education (if required)
- Demonstrating that you pose no risk to public safety
This process is more complicated and often benefits from legal guidance.
What Happens If I Drive on a Suspended or Revoked License?
Driving with a suspended or revoked license after a DUI is a criminal offense in Illinois, and penalties are steep:
- First offense: Class A misdemeanor, up to 1 year in jail, and $2,500 fine
Repeat offenses: Felony charges, potential prison time, longer revocation
In addition to criminal consequences, you could face extended license suspension or revocation periods, making it even harder to regain driving privileges.
How an Attorney Can Help Protect Your Driving Privileges
If you’ve been arrested for DUI in Illinois, you’re facing two processes at once: a criminal case and a civil license suspension. A good defense attorney can help you:
- Challenge the Statutory Summary Suspension
- Request and prepare for a hearing
- Explore eligibility for MDDP or RDP
- Navigate the reinstatement process
- Protect your driving record and avoid harsher penalties
At Hirsch Law Group, we’ve guided many clients through DUI-related license issues. Whether it’s your first offense or you’ve been through this before, we can help you understand your options and make informed decisions.
Don’t Wait to Understand What’s at Stake
Losing your license after a DUI in Illinois isn’t always automatic, but it can happen quickly if you don’t act. Between administrative deadlines and criminal court dates, the sooner you understand your rights, the better.
Whether you want to challenge a suspension, apply for a permit, or fight the underlying charge, contact Hirsch Law Group to schedule a confidential consultation. We’re here to help you protect your license and move forward with clarity.
Frequently Asked Questions
1. How soon after a DUI arrest will I lose my license in Illinois?
In most cases, a Statutory Summary Suspension begins 46 days after your arrest if you fail or refuse chemical testing. You can contest the suspension within 90 days, so acting quickly is critical.
2. Is a license suspension the same as a revocation?
No. A suspension is temporary and automatically ends after the required period, provided you meet all conditions. A revocation is indefinite and requires a formal reinstatement process with the Illinois Secretary of State.
3. Can I get a work permit during my DUI suspension?
Many first-time DUI offenders are eligible for a Monitoring Device Driving Permit (MDDP), which allows driving with a BAIID installed. For revoked licenses, you may qualify for a Restricted Driving Permit (RDP) after meeting certain conditions.
4. Will a DUI affect my CDL (Commercial Driver’s License)?
Yes. CDL holders face stricter BAC limits and harsher penalties. Even an off-duty DUI in a personal vehicle can result in CDL disqualification.
5. What happens if I drive with a suspended or revoked license after a DUI?
This is a criminal offense in Illinois. Penalties include jail time, fines, extended loss of driving privileges, and possible felony charges for repeat offenses.
6. How can a lawyer help me keep my license after a DUI?
An experienced DUI attorney can challenge your suspension, represent you in hearings, guide you through MDDP or RDP applications, and work to protect your record and driving privileges.