DUI FAQ: How can you get your driver's license back after a DUI? Illinois DUI lawyer Steve Fagan explains . . .
When arrested for a DUI in Illinois, the police officer will typically take your plastic driver's license to hold as part of the bond in your case. That's not the important part - your physical driver's license is just a certificate that demonstrates you can legally drive. The important part is the Notice of Statutory Summary Suspension you were given by the police officer. This is true whether you were arrested by the Chicago police, the Illinois State Police, Naperville, Waukegan, Arlington Heights or any police department in Illinois.
A copy of that Notice of Statutory Summary Suspension is then sent down to the Secretary of State of Illinois. That office enters a suspension of your driving privileges to begin 46 days later. The suspension means it is illegal for you to drive. Driving while suspended in Illinois is a criminal charge, and while most such charges are misdemeanor offenses, in many cases, felony charges for driving on a suspended license may apply.
What can you do about it?
It is possible to challenge the suspension in Court. In some cases, you may be eligible under Illinois for a DUI driving permit called an MDDP or a Monitoring Device Driving Permit.
How do I restore my Driving Privileges after the Illinois DUI suspension?
A statutory summary suspension for DUI in Illinois lasts between six months and 36 months depending on several factors. Before restoration, a fee must be paid, as indicated in the "confirmation of suspension" notice the Secretary will send in the mail. If that fee is not paid, the suspension will continue indefinitely, and driving will remain a criminal act. It is therefore important to pay that fee in advance of the reinstatement date as indicated in the confirmation.