How a DUI suspension works in Libertyville
A DUI conviction in Libertyville triggers an automatic license suspension under Illinois law, separate from any criminal penalties. The suspension happens in two stages: an when ready administrative suspension by the Secretary of State, and then a separate suspension imposed by the court if you are convicted.
The administrative suspension begins right away — often the same day you are arrested. A police officer will take your physical license at the scene and give you a temporary driving permit valid for 46 days. During those 46 days, you can still drive legally, but you must request a hearing with the Secretary of State to challenge the suspension. If you do not request a hearing, or if you request one and lose, your license becomes suspended after the 46 days end.
If you are convicted in court, the judge imposes an additional suspension on top of the administrative one. For a first DUI in Illinois, the court suspension is typically one year. The two suspensions run at the same time, not one after the other, so you are not serving two separate years.
Key Takeaways
- Your license suspension begins when ready after arrest through an administrative process, separate from any court case or conviction.
- You have 46 days to request a hearing with the Secretary of State to challenge the administrative suspension before it takes effect.
- A first DUI conviction in Illinois results in a one-year court-ordered suspension, which runs at the same time as the administrative suspension.
- You may be able to drive to work, school, or treatment with a restricted license (often called a "monitoring device driving permit") if you install an ignition interlock device.
- The Cook County court handling your case can explain your specific suspension length and any options for restricted driving privileges.
The 46-day window to request a hearing
After your arrest, you receive a temporary driving permit that is valid for 46 days. This is your window to request an administrative hearing with the Secretary of State's office. You must request the hearing in writing or by phone — straightforward ignoring the suspension does not make it go away.
To request a hearing, contact the Secretary of State's Driver Services department. You will need to provide your case number, your driver's license number, and information about the arrest. The hearing is conducted by a hearing officer, not a judge, and focuses on whether the police officer had legal grounds to arrest you and whether the arrest followed proper procedures.
If you win the hearing, the administrative suspension is cancelled and your license remains valid. If you lose, or if you do not request a hearing, the suspension takes effect when the 46 days end. At that point, driving is illegal and can result in additional criminal charges.
What happens if you are convicted in court
If your DUI case goes to trial or you enter a guilty plea, the judge will impose a court-ordered suspension as part of sentencing. For a first DUI in Illinois, this suspension lasts one year. For a second DUI within ten years, it is typically three years. For a third or subsequent DUI, it is ten years or longer.
The court suspension runs at the same time as the administrative suspension — you do not serve them back-to-back. So if you were convicted, you are serving one suspension period that satisfies both the administrative and court requirements.
The judge may also order you to install an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer connected to your car's ignition; you must blow into it before the car will start. If you install one, you may be able to obtain a restricted driving permit that allows you to drive to work, school, medical appointments, or court-ordered treatment — but only to those specific places and only during specified hours.
Restricted driving privileges and the ignition interlock device
Illinois law allows judges to grant restricted driving privileges during a suspension if you install an ignition interlock device. The device costs money to install and maintain — typically $60 to $100 per month — and you are responsible for all costs.
With a restricted permit and an IID, you can drive to and from work, school, medical treatment, court appearances, and alcohol treatment programs. You cannot drive for any other reason, and you cannot drive during hours outside those needed for these purposes. The permit specifies which routes you can take and which times you can drive.
Not all judges grant restricted permits, and the decision depends on the facts of your case. Your attorney can request one at sentencing, and the judge will decide whether the circumstances warrant it. If you are granted a permit, you must follow it exactly — driving outside the permitted times or routes is a separate criminal offense.
How to reinstate your license after suspension ends
When your suspension period ends, your license does not automatically come back. You must take steps to reinstate it through the Secretary of State.
To reinstate your license, you will need to pay a reinstatement fee (currently $500 for a DUI-related suspension in Illinois, though this amount can change). You may also need to provide proof that you have completed any court-ordered programs, such as a DUI education course or substance abuse treatment. Some suspensions require an additional written or driving test before reinstatement.
Contact the Secretary of State's Driver Services office to find out exactly what documents and fees your reinstatement requires. They will tell you whether you need to pass a test, provide proof of treatment completion, or submit other paperwork. Once you have submitted everything and paid the fee, your license is reinstated and you can drive legally again.
Driving with a suspended license in Illinois
Driving while your license is suspended is a separate criminal offense in Illinois, distinct from the original DUI charge. A first offense of driving with a suspended license is a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500.
If you are stopped by police while driving on a suspended license, you will be arrested and charged. This charge can result in additional jail time, higher fines, and a longer suspension. It also creates a new criminal record separate from your DUI case.
If you need to drive during your suspension, your only legal option is to obtain a restricted permit by installing an ignition interlock device and requesting one from the court. Driving without a permit, even for a short distance or an emergency, is illegal and can lead to arrest.
Your options if you believe the suspension was improper
If you believe the administrative suspension was issued without proper legal grounds, you can challenge it at the 46-day hearing. The hearing officer will review whether the police officer had reasonable cause to arrest you and whether the arrest followed Illinois law.
If you were convicted and believe the court-ordered suspension is too harsh, you have limited options for appeal. Illinois law sets mandatory suspension lengths for DUI convictions, so judges have little discretion to reduce them. However, your attorney can request a restricted permit with an ignition interlock device, which allows you to drive for essential purposes during the suspension.
If you believe there were errors in how your case was handled — such as improper evidence or violations of your rights — you can appeal your conviction. An appeal does not automatically stop your suspension, but if your conviction is overturned, the suspension may be cancelled. Consult with a DUI attorney in Cook County to discuss whether an appeal is possible in your situation.
Frequently Asked Questions
Can I drive during the 46-day period after my arrest?
Yes. You receive a temporary driving permit valid for 46 days, and you can drive legally during that time. The permit is your proof that you are allowed to drive while the Secretary of State considers your case. After 46 days, if you did not request a hearing or if you lost your hearing, the suspension takes effect and driving becomes illegal.
What if I need to drive for work during my suspension?
You can request a restricted driving permit from the court if you install an ignition interlock device. The permit allows you to drive to work, but only on approved routes and during approved hours. You must ask the judge for this permit at sentencing or file a motion with the court afterward. The judge decides whether to grant it based on your circumstances.
How much does it cost to reinstate my license?
The reinstatement fee for a DUI-related suspension in Illinois is currently $500, though you should confirm the current amount with the Secretary of State's office. You may also need to pay for a DUI education course, substance abuse treatment, or an ignition interlock device, depending on your court order. These costs are separate from the reinstatement fee.
If I move out of Illinois, does my suspension still explore?
Yes. Illinois suspensions are recognized by other states through a national database. If you move and try to get a license in another state, that state will see the Illinois suspension and likely refuse to issue you a license until the suspension ends and you have reinstated your Illinois license. Driving in another state on a suspended Illinois license is also illegal.
Can I get my license back early if I complete treatment?
No. Illinois law sets mandatory suspension periods that cannot be shortened by completing treatment early. However, completing court-ordered treatment may help you obtain a restricted permit to drive for essential purposes during the suspension. Talk to your attorney about requesting a restricted permit if you have not already done so.