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How long is my Illinois driver's license suspended if this is not my first DUI?

You've been arrested for DUI and it is not your fist offense - how long is your statutory summary suspension going to be in Illinois?

Steven H. Fagan, an experienced Illinois DUI lawyer, discusses this question in this video, and we invite you to watch.

Nearly everybody who is arrested for DUI in Illinois is subject to a mandatory statutory summary suspension. What that means is that your license will be suspended for an extended period of time. That period of time is determined by two main factors:

  • Whether you've had a DUI in the past five years
    • And that means a DUI in any state, any form, anything that is similar to a statute in Illinois.
    • This includes actual physical control or driving while actual impaired as many other statutes in other states are written.
  • Whether you took the chemical test requested, that is, submitted to any and all requested testing or whether you refused chemical testing.

If you submitted to breath, blood or urine testing and that demonstrated the presence of either alcohol in your blood of 0.08 or above or a prohibited substance that will mean that you're suspended for between six and 12 months  depending on whether your prior offense occurred within the last five years.

If the officer asked you to submit to a breath, blood or urine testing and you refused any one test that the officer requested, that would be considered refusal, which results in a suspension for between one and three years (or 12 - 36 months).

If you had a prior DUI within five years of the date you were served with a notice of statutory summary suspension, you face a period of suspension where there is no permit available and it becomes all the more important that you challenge the suspension. We can help you with that - its called a petition to resend the statutory summary suspension. The absolute best thing you can do is have an experienced and skilled DUI attorney challenge that suspension as soon as possible to get you the best results possible.

If you face DUI charges in the Chicago area, including Cook County, Lake County or DuPage County Illinois. Give us a call at (847) 635-8200 or fill out the contact form on this page, and we'll be happy to discuss your defense further.

Where do we appear in court?

Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

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