Chicago DUI Lawyer Blog

The DUI defense attorneys at The Davis Law Group, P.C., often find that many of our clients are both concerned and confused when confronted with the complex landscape of Illinois DUI law, which includes the statutory summary suspension law. As attorneys who have represented thousands of individuals charged with DUI and who are involved in the writing of DUI laws, we strive to make this complex area of the law more understandable.

In the vast majority of cases, a DUI can be broken down into two parts: the Statutory Summary Suspension of one’s driving privileges, which is a civil proceeding, and the criminal charge for Driving Under the Influence. In this post we address the first part of DUI: the Illinois Summary Suspension law.

The summary suspension law differs for those who are considered a “first-offender” and those who are not considered to be a “first offender.” Someone is considered to be a “first-offender” when he or she has not had a disposition for DUI, or a statutory summary suspension, in the five years preceding his or her current arrest. In other words, so long as one has not had a statutory summary suspension, pled guilty or been found guilty of a DUI in the five years preceding their current arrest, he or she is considered a “first-offender” for purposes of the statutory summary suspension—regardless of the number of DUIs and/or statutory summary suspensions they have had in their lifetime. If a “first-offender” submits to, and fails, chemical testing—i.e. testing of breath, blood, or urine—they face a 6-month driver’s license suspension. If a “first-offender” refuses testing, he or she faces a 12-month license suspension.

A relatively new Illinois law requires that before a driver with more than one DUI conviction can be considered for full reinstatement, he or she is first required to drive on Restricted Driving Permit (RDP) with a Breath Alcohol Ignition Interlock Device (BAIID) for a five-year period. Unfortunately, this requirement applies even if the person has already served the minimum period of driver’s license revocation and was eligible to be considered for full reinstatement.

The Illinois Secretary of State has chosen to apply this requirement to any person who applies for driving privileges after the effective date of the new law, January 1, 2016. Therefore, even if your DUIs occurred prior to this date, whether a month earlier or 30 years earlier, the new law applies to you.

A RDP usually can only be issued for work, school, medical reasons or for child/elder care. Therefore, a problem arises if the person is eligible for reinstatement, but is required to first drive on the RDP for five-years and has no need for any of these types of permits. A good example is the unemployed or retired person.

A driver may be required to use a Breath Alcohol Ignition Interlock Device (BAIID), also known as a breathalyzer, if they have been issued a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP) as a result of a DUI license revocation. The Illinois Secretary of State has implemented strict rules under the Administrative Code regarding BAIID violations. Violations include:

• BrAC reading of .05 or more
• Failing a rolling retest

It can take, on average, 10-14 weeks to receive a restricted driving permit (RDP)/hardship license from the date of your administrative hearing with the Illinois Secretary of State. There is not only a waiting period before the hearing is scheduled (for a formal hearing), but there is a waiting period to receive a decision from the Illinois Secretary of State after the hearing is held, and it takes additional time to receive the physical permit. It is a long and complex process that must be handled properly step-by-step.

In-person formal hearings are scheduled approximately 60 days after the date of request. After a formal hearing is held, the Illinois Secretary of State has 90 days to issue a decision. Decisions often do not take the full 90 days to be issued.

Drivers do not have to file a request for an informal hearing. Informal hearings are available during regular business hours on a walk-in basis. The Illinois Secretary of State does not have a time limit to issue a decision for an RDP at an informal hearing. You can expect to wait anywhere between 6-12 weeks for a decision.