How Aurora handles license suspension after a DUI arrest
In Aurora, a DUI arrest triggers an automatic license suspension through two separate processes: one administrative action by the Illinois Secretary of State, and one potential criminal penalty if you are convicted. The administrative suspension happens when ready — often before any court hearing — and is separate from whatever the court decides about your case. Understanding which suspension applies to you and when it takes effect determines what you can and cannot do behind the wheel.
The Secretary of State's office suspends your license based on the arrest itself, not the outcome of your case. If you refused a breath or blood test, the suspension is automatic and lasts one year for a first offense. If you took the test and failed it (a blood alcohol content of 0.08 or higher), the suspension is also automatic but may be shorter depending on your driving history and whether you request a hearing. The court case runs separately and may result in an additional suspension if you are convicted.
Key Takeaways
- The Secretary of State suspends your license when ready after a DUI arrest, separate from any court case, and this suspension can last from several months to one year depending on whether you took a breath test.
- You have the right to request a hearing with the Secretary of State within 30 days of your arrest to challenge the suspension, and requesting a hearing delays the suspension until the hearing is held.
- A conviction in Aurora court may result in an additional criminal suspension on top of the administrative one, and the lengths stack — you serve them one after the other.
- You may be able to drive to work, school, or medical appointments on a restricted license during suspension if you request one from the Secretary of State.
- The process for restoring your license after suspension ends requires you to pay a reinstatement fee and meet any other conditions the Secretary of State or court imposed.
The administrative suspension: what the Secretary of State does
When you are arrested for DUI in Aurora, the police officer takes your physical license and gives you a notice of suspension. This notice is not a court order — it comes from the Illinois Secretary of State's office and takes effect automatically. You do not need to be convicted for this suspension to happen. The suspension begins either 46 days after your arrest (if you took a breath or blood test) or when ready (if you refused the test).
The length of the administrative suspension depends on your driving history and test result. If you refused the test, the suspension is one year for a first offense, three years for a second offense within five years, and five years for a third or later offense within five years. If you took the test and failed it, the suspension is typically six months for a first offense, one year for a second offense within five years, and three years for a third or later offense within five years. These timelines assume you do not request a hearing — if you do, the suspension is delayed until after the hearing.
Requesting a hearing to challenge the suspension
You have the right to request a hearing with the Secretary of State within 30 days of your arrest. The hearing officer will review whether the police had legal grounds to stop you, whether they had probable cause to arrest you, and whether the breath or blood test was administered correctly. You can represent yourself or hire an attorney. Requesting a hearing does not automatically cancel the suspension, but it delays the suspension from taking effect until after the hearing is held.
To request a hearing, contact the Illinois Secretary of State's Administrative Hearing Section. You can find the current address and procedures on the Secretary of State website or ask your Aurora DUI attorney for the exact filing requirements. The hearing usually takes place within 30 to 60 days of your request. If the hearing officer finds that the police did not have legal grounds for the stop or arrest, the suspension is cancelled. If the officer finds that the stop and arrest were legal, the suspension takes effect as originally scheduled.
Criminal suspension: what happens if you are convicted in court
The administrative suspension and the criminal suspension are separate. Even if you win your Secretary of State hearing and the administrative suspension is cancelled, a conviction in Aurora court can still result in a criminal suspension. A first DUI conviction in Illinois carries a mandatory minimum license suspension of one year. A second conviction within five years carries a minimum three-year suspension. A third or later conviction within five years carries a minimum five-year suspension.
If you receive both an administrative suspension and a criminal suspension, you serve them consecutively — one after the other. For example, if the Secretary of State suspends your license for six months and the court suspends it for one year after conviction, you cannot drive for 18 months total. The court will specify the length of the criminal suspension at sentencing, and this information will be sent to the Secretary of State's office.
Restricted driving privileges during suspension
During a suspension, you may be able to obtain a restricted driving permit that allows you to drive to and from work, school, medical appointments, or court-ordered programs. In Aurora, you request a restricted permit from the Illinois Secretary of State, not from the court. You will need to show proof of employment, enrollment, or medical necessity, and you may need to show proof of insurance and completion of a DUI education program.
A restricted permit does not erase the suspension — it straightforward allows limited driving during the suspension period. You must carry the permit with you whenever you drive, and driving outside the permitted purposes or times is a violation. The Secretary of State charges a fee for issuing a restricted permit, and the fee varies depending on the length and type of restriction. Ask the Secretary of State's office or your attorney for the current fee and the exact documents you need to bring.
Reinstatement after suspension ends
When your suspension period ends, your license does not automatically return. You must explore for reinstatement with the Illinois Secretary of State. Reinstatement requires you to pay a reinstatement fee (currently $500 for a suspension related to a DUI, though this may change). You will also need to provide proof of insurance and may need to show proof that you completed any court-ordered DUI education or treatment programs.
After you pay the fee and submit the required documents, the Secretary of State will issue you a new license. If you have other violations or suspensions on your record, the reinstatement process may take longer. If you were convicted of DUI, some insurance companies will not cover you when ready after reinstatement, so contact your insurer before you drive to confirm your coverage is active.
What happens if you drive on a suspended license
Driving on a suspended license in Illinois is a separate criminal offense. A first offense is a misdemeanor with a fine of $250 to $1,000 and possible jail time. A second offense within five years carries a fine of $500 to $1,500 and possible jail time. A third or later offense within five years is a felony. Aurora police enforce this strictly, and being stopped while suspended can result in arrest, impound of your vehicle, and additional charges on top of your original DUI case.
If you need to drive during suspension, the restricted permit is your legal option. If you cannot obtain a restricted permit or it does not cover your necessary trips, talk to your attorney about whether the court can modify the suspension or whether you have other options. Driving illegally during suspension will make your DUI case worse, not better.
Frequently Asked Questions
Does my license suspension start right after my arrest?
Not when ready. If you took a breath or blood test, the suspension begins 46 days after your arrest. If you refused the test, it may begin when ready, but you have the right to request a hearing within 30 days, which delays the suspension until after the hearing. The notice you received at arrest will specify the exact date.
Can I get a restricted license while my suspension is active?
Yes. You can request a restricted permit from the Secretary of State that allows driving to work, school, medical appointments, or court-ordered programs. You will need to show proof of the necessity and may need to show proof of insurance and completion of a DUI education program. The Secretary of State charges a fee for the permit.
What is the difference between the Secretary of State suspension and the court suspension?
The Secretary of State suspension is administrative and happens automatically based on your arrest. The court suspension is criminal and only happens if you are convicted. Both can explore to you at the same time, and if they do, you serve them one after the other, not at the same time.
How much does it cost to get my license back after suspension?
The reinstatement fee is currently $500 for a DUI-related suspension in Illinois. You may also need to pay for a restricted permit if you want one during the suspension, and you will need to provide proof of insurance. Fees may change, so confirm the current amount with the Secretary of State's office.
What if I was arrested for DUI but the charges were dropped?
The administrative suspension can still take effect even if charges are dropped, because it is based on the arrest, not the conviction. However, you have the right to request a hearing and challenge the suspension. If you can show that the arrest was not legal, the hearing officer may cancel the suspension.