Immediately after a person is pulled over and fails a breath test or field sobriety test, they are then arrested and their driver's license is immediately confiscated by the police. Shortly after, the police officer will issue the driver a Notice of Summary Suspension, which will tell the driver that he or she will have their license suspended after 45 days if they did not request a hearing with the DMV within 10 days of arrest. The actual length of the license suspension will then be determined by the outcome of the breath test or blood test, whether the driver refused to take a test, and their prior driving record.
The suspension penalties of a DUI conviction are as follows:
- License suspension for at least 6 months for a first DUI offense
- License suspension for at least 12 months for two DUI offenses within 5 years
- If refusal of breath or blood test occurs, suspension for 12 months for the first offense
- If refusal of breath or blood tests occurs for a second offense within 5 years, license suspension for at least 36 months
How can I restore my license?
If you have been pulled over and refused a breath test or failed a test, you will need to retain the counsel of a skilled Chicago DUI attorney from Fagan, Fagan & Davis as soon as possible to fight for you at your license hearing. There are a number of steps that must be taken for a driver to pursue license reinstatement, and though the process can be complex, a member of our team will guide you through the proceedings and advocate for your right to drive. If you are trying to have your license reinstated, you will need to meet the following requirements:
- Have a clear driving record with the exception of the revocation
- Submit to a drug and alcohol evaluation, and if a problem is indicated, submit proof of treatment
- Complete an approved drug or alcohol education course, even if treatment was not was not recommended after the evaluation
- Appear before a hearing officer from the office of the Secretary of State for either an informal or formal hearing, depending on whether you have any prior offenses
- Pay the $50 filing fee if requesting a formal hearing
- During the hearing, you must be able to demonstrate that the public will not be in danger if your license is restored. The hearing officer will take into account the severity of the offense, your overall record, and the steps taken to restore your driving privileges
- Pass the driver's license test- written, vision, and driving portions and pay the application fee
- File proof of financial responsibility and pay the reinstatement fee- $500 for a first offender, $1000 for repeat offenders
