Driving After an Illinois DUI

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Starting January 1, 2009, first time DUI offenders in Illinois faced new legal requirements for driving after being convicted of a DUI. Prior to January 1, 2009, persons suspected of DUI in Illinois received driver license suspensions of either 3 or 6 months for either failing or refusing chemical testing. Under the old requirements, first time DUI offenders were eligible for a judicial driving permit (JDP) allowing limited driving privileges during the suspension.

The new law abolished the JDP, and has replaced it with a Monitoring Device Driving Permit (MDDP). Additionally, the new law has increased the driver license suspension period.

If you are pulled over for a moving violation in Illinois and the officer determines that your blood alcohol content (BAC) is .08 or more or that you are otherwise impaired, the officer will immediately suspend your license for 6 months. If you refuse chemical testing, the officer will immediately suspend your license for 12 months. This is called a Statutory Summary Suspension (SSS) and will go into effect on the 46th day after you were arrested.

There is a right to a judicial hearing on the suspension. The suspended driver must request the hearing by filing a petition to rescind the statutory summary suspension. This petition must be filed within 90 days, or the driver loses the right to a hearing. At the hearing the judge may order the suspension lifted or rescinded.

At the hearing the judge will consider whether there was reasonable grounds for the DUI arrest, whether the driver was properly warned by the officer of the consequences of taking or refusing the chemical test, whether the test revealed a BAC of less than .08, whether the driver refused a chemical test, whether there was probable cause for the arrest, and whether the driver’s due process rights were violated. The judge will then make the decision to grant or deny the petition to rescind the suspension. In general, taking a breath test is a bad idea. Although this means an automatic suspension of your driving privileges, the lawyers that we recommend usually can get the SSS reversed.

A DUI suspension is set for a definite time – 6 months, 1 year or 3 years. If you are arrested for driving with a BAC of .08 percent or more and/or any impairing drug in your system, your driving privileges will be suspended for 6 months. If you refuse to submit to testing, your driving privileges will be suspended for 1 year. If you are a second offender within a 5-year period, your privileges will be suspended for 1 year if you fail the test or 3 years if you refuse to test.

At the end of the suspension, your license can be reinstated simply by paying a reinstatement fee, so long as in the interim you have not been convicted for driving during your DUI suspension or had another suspension or revocation placed on your driving record.

If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will be classified as a "first offender" for suspension purposes. Being classified as a “first offender” for DUI suspension purposes does not mean that you are a "first offender" for DUI sentencing purposes.

If you are classified as a “first offender” for suspension purposes, posses an otherwise valid driver’s license, are over age 18, have never been previously convicted of reckless homicide, and there was no death or great bodily harm resulted from this DUI arrest, you may be eligible to receive a Monitoring Device Driving Permit (MDDP) after the 31st day of your SSS period.

If you meet the above requirements, you must pay a $30/month fee in advance before the Secretary of State will issue the MDDP. For 6 month suspensions this will be $150, for 12 month suspensions the fee will be $330.

A MDDP will allow you to drive to any location at anytime during your SSS with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). After you are issued a MDDP, you have 14 days to have a BAIID installed in your vehicle.

A BAIID is a machine that is installed in your vehicle that requires you to blow into a mouthpiece before your vehicle will start. The machine analyzes your breath and records the results. The Secretary of State analyzes those results to determine if you consumed alcohol before starting your vehicle. Additionally, the machine will require you to take tests while you are driving (called a running test) in order to determine if you consumed any alcohol after starting your vehicle.

There is an exemption for employer-owned vehicles that suspended drivers must drive during the course of their employment, once the employer provides documentation to the Secretary of State. The work exemption is only for employer-owned vehicles that you drive through the course of your workday. In that case, you would be allowed to drive these employer owned vehicles during work hours without the BAIID installed. However, if the car is assigned specifically to you and you take the car home at night, then you would not be eligible for the work exemption.

Additionally, a suspended driver may not operate a commercial motor vehicle during the suspension.

For the BAIID, you will be responsible for the installation fee, monthly rental fees, and calibration fees. All of these expenses are worked out with the Illinois Certified BAIID provider of your choosing.

If you have any questions about driving after an Illinois DUI conviction, or would like a referral to a qualified and experienced Illinois attorney, please contact us. These laws can be confusing and the right attorney is usually the difference between success and failure.