No, your license is not suspended immediately after a DUI arrest, but you have only 46 days to request a hearing or face automatic suspension.

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Most first-time DUI defendants don't realize they have two separate legal battles ahead of them. The criminal case in court is only one part – the Illinois Secretary of State will also suspend your license through an administrative process that's completely separate from your criminal charges. Many people lose their driving privileges simply because they don't know about the 46-day deadline to request a hearing.

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Without requesting this hearing, your license will be automatically suspended for 6 months (failed breath test) or 12 months (refused test). This suspension happens regardless of what occurs in your criminal case. Missing this deadline means losing your right to challenge the suspension and potentially losing your job, your ability to care for family, and your independence.

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This article explains exactly when your license gets suspended, how to protect your driving privileges, and what options you have during the suspension period.

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Understanding Illinois Statutory Summary Suspension

Statutory Summary Suspension is Illinois' automatic license suspension law that kicks in after every DUI arrest, regardless of whether you're ultimately convicted.

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This administrative action is handled by the Illinois Secretary of State, not the criminal courts. The suspension is based solely on whether you submitted to chemical testing and what the results showed. Your criminal case outcome has no bearing on this suspension – even if your DUI charges are dropped, the license suspension can still stand.

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The suspension timeline depends on your testing decision and results, but the process begins the same way for everyone arrested for DUI.

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Timeline: When Does License Suspension Begin?

Your license suspension follows a specific timeline that begins immediately after your DUI arrest.

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Day of Arrest:

• Police confiscate your physical driver's license
• You receive a Notice of Statutory Summary Suspension
• The notice serves as a temporary driving permit for 45 days
• Your official license suspension is scheduled to begin in 46 days

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Days 1-45:

• You can drive normally using the temporary permit
• You have this period to request a hearing to challenge the suspension
• You must request the hearing within 46 days or lose your right to challenge
• Your attorney can request the hearing and begin building your defense

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Day 46:

• If no hearing was requested, automatic suspension begins
• If hearing was requested, suspension is stayed pending the hearing outcome
• Length of suspension depends on whether you took or refused the breath test

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The 46-day window is crucial because it's your only opportunity to challenge the suspension before it takes effect.

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Suspension Length: Test vs. Refusal

The length of your license suspension depends entirely on whether you submitted to chemical testing when arrested.

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Failed Breath Test (BAC 0.08% or higher):

• 6-month license suspension
• Eligible for Monitoring Device Driving Permit (MDDP) immediately
• Can drive anywhere with ignition interlock device installed
• Must maintain device for entire suspension period

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Refused Chemical Testing:

• 12-month license suspension
• No driving privileges for first 3 months (hard suspension)
• May be eligible for restricted permit after 3 months for work/school only
• MDDP available after 3 months with ignition interlock device

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Multiple Violations:

• Longer suspensions apply if you have prior DUI arrests within 5 years
• Previous statutory summary suspensions extend current suspension periods
• Refusal after previous DUI-related suspension results in 3-year suspension

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The difference between 6 months and 12 months can significantly impact your ability to work and maintain your normal life.

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Challenging Your License Suspension

You have the right to challenge your license suspension through an administrative hearing with the Illinois Secretary of State.

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Grounds for Challenge:

• Police lacked reasonable suspicion for the traffic stop
• Police lacked probable cause for the DUI arrest
• You were not properly advised of the consequences of refusing testing
• The breath test equipment malfunctioned or wasn't properly calibrated
• Police failed to follow proper testing procedures

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Hearing Process:

• Must be requested within 46 days of arrest
• Hearing typically scheduled 30-60 days after request
• You can testify and present evidence in your defense
• Police officer who arrested you must testify or case may be dismissed
• Hearing officer makes final decision on suspension

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Possible Outcomes:

• Suspension rescinded (you keep your full driving privileges)
• Suspension upheld (original suspension terms apply)
• Modified suspension (rare, but possible in some circumstances)

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Winning your hearing means keeping your license throughout your criminal case, which can significantly impact your life and employment.

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Driving Permit Options During Suspension

Even if your license is suspended, Illinois offers driving permits that allow limited or full driving privileges during the suspension period.

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Monitoring Device Driving Permit (MDDP):

• Available immediately for failed breath test cases
• Available after 3 months for refusal cases
• Allows unlimited driving anywhere, anytime
• Requires ignition interlock device installation and monitoring
• Monthly fees for device rental and monitoring ($80-$150)
• Must blow into device before starting car and periodically while driving

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Restricted Driving Permit (RDP):

• Available for work, school, medical appointments, and court dates
• Must prove hardship and lack of alternative transportation
• More limited than MDDP but no ignition interlock requirement
• Requires employer verification and specific schedule approval
• Generally less expensive than MDDP

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Which Permit Is Right for You:

• MDDP offers more freedom but costs more and requires ignition interlock
• RDP is more restrictive but less expensive and no device required
• Consider your work requirements, family needs, and financial situation
• Your attorney can help you choose the best option for your circumstances

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The permit you choose can significantly impact your quality of life during the suspension period.

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Impact on Employment and Daily Life

License suspension affects every aspect of your daily routine, especially in DuPage County where public transportation is limited.

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Employment Consequences:

• Jobs requiring driving may terminate employment immediately
• Commuting to work becomes difficult or impossible in many areas
• Professional licenses may be affected (CDL holders face additional penalties)
• Lost income from inability to work can compound financial problems

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Family and Personal Impact:

• Difficulty transporting children to school and activities
• Challenges attending medical appointments
• Inability to handle emergency family situations
• Social isolation and dependence on others for transportation

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Financial Burden:

• Uber/Lyft costs can reach hundreds of dollars per week
• Family and friends may need to take time off work to help with transportation
• Potential job loss leads to lost income and benefits
• Permit fees and ignition interlock costs add to financial strain

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Early legal intervention can help minimize these impacts by challenging the suspension or securing appropriate driving permits quickly.

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Why the 46-Day Deadline Matters

Missing the 46-day deadline to request a hearing eliminates your only chance to challenge the license suspension.

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Once the deadline passes, you cannot request a hearing regardless of how strong your case might be. This means accepting the full suspension period even if police violated your rights or made mistakes during your arrest. Many people with winnable cases lose their licenses simply because they didn't know about this deadline.

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The hearing request also stays your suspension, meaning you can continue driving while waiting for the hearing. Without requesting the hearing, your license automatically suspends on day 46 regardless of the strength of your case.

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Time is critical because your attorney needs time to investigate your case, gather evidence, and prepare for the hearing. Waiting until the last minute limits your attorney's ability to build a strong defense.

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Protecting Your Driving Privileges

Understanding your rights and options is the first step in protecting your driving privileges after a DUI arrest.

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The statutory summary suspension process is complex and unforgiving, but experienced legal representation can make the difference between keeping your license and facing months of suspension. Many suspensions can be successfully challenged when police make mistakes or violate constitutional rights.

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Even if the suspension cannot be challenged, securing the right driving permit quickly can minimize the impact on your work and family life.

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Don't wait to protect your rights. Contact McMahon Law Offices at 630-953-4400 immediately after your DUI arrest to request your hearing and explore all options for maintaining your driving privileges.