Foreword: The following information is provided as general information regarding the statutes, case laws, and procedures in the State of Illinois for all Driving Under the Influence arrests. Case law and statutes are constantly changing, evolving, and reinterpreted. The following information highlights key aspects of Illinois law, but is not intended to be a complete treatise on the subject. Always consult an attorney before making any legal decisions regarding your particular case. 

ILLINOIS DRIVING UNDER THE INFLUENCE (DUI) LAWS


In the State of Illinois, as in most states, a Driving Under the Influence charge under 625 ILCS 5/11-501 is really two separate cases. A DUI charge involves both a violation of the misdemeanor statute of Driving Under the Influence, as well as an administrative case referred to as Statutory Summary Suspension involving your right to drive on the roadways of Illinois as determined by the Illinois Secretary of State. At first blush this would appear to violate the Double Jeopardy Clause of the U.S. Constitution, however the Illinois Supreme Court has ruled to the contrary. Either case may suspend your driving privileges, but each comes with its own set of penalties, consequences, and evidentiary issues. 

Warning! Your license is at risk of being suspended or revoked in the State of Illinois if you do not take appropriate action within ninety (90) days of your arrest if you refused or failed a breath, blood, or urine test after being arrested for DUI. Your suspension will take place on the forty-sixth (46th) day following your arrest and if you fail to have an attorney file a petition to rescind the statutory summary suspension within ninety (90) days of your arrest your right to challenge the suspension is waived. It is vital that you contact an experienced DUI defense attorney as quickly as possible to protect your license.

 

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