Is Your License Suspended Immediately After a DUI?

Being pulled over for a DUI can be really nerve recking, scary, and confusing. It’s not like it’s enough that you are now going to have to deal with a DUI charge, numerous court appearances, numerous costs and fines, counseling and courses. But, having to also deal with a possible driver’s license suspension makes it even that much worse. Driving privileges are essential for every adult, as it is needed to go and come back from work and other necessity events. 

So, it begs the question, is your license suspended immediately after a DUI? The real answer is no. If your license is going to be suspended after a DUI, it will not happen until 46 days after the DUI arrest. So, it is not necessary “immediately” after a DUI arrest. Note, this question and answer does not pertain to situations where a driver already has his license suspended when pulled over for a DUI. Obviously, that is a whole different situation, and the driver would be looking at more than a class a misdemeanor DUI charge. 

Let me elaborate a little bit more regarding if your license will be suspended.

After a driver gets pulled over for a DUI, he or she will go through all the routine field tests. These are tests that you probably already are aware of and have seen roadside. If the tests do not go well, and the officer suspects the driver has been driving under the influence, then an arrest will be made. After a DUI arrest, the driver will be transported to the local police station. There, the officer will ask the driver if he or she wishes to take the “chemical test”. The point of the test is to measure the alcohol blood content in the driver’s system and to establish that the driver was driving intoxicated or impaired under the influence of alcohol or drugs. There are types of tests that can be taken to uncover the blood content level: breath test (most common and results will be given immediately), urine test or blood test. The officer should warn the driver that failing or refusing to take the test can lead to a license suspension.

Understandably so, some drivers might not want to take these tests as it can be used as evidence against them during a DUI case. When a driver refuses to take any of these chemical tests, then the driver will be looking at an automatic statutory summary suspension. That means after 46 days of a suspension notice (which would be given during arrest by the officer at the station typically), the driver’s license will be suspended by the Illinois Secretary of State for failing to take the chemical tests. That is because that all drivers have deemed to consented to taking these forms of testing to determine alcohol or drug blood content when driving a motor vehicle on a public highway in the state of Illinois. That consent is given by Illinois law. So, if a driver refuses to take the chemical tests, the driver is looking at a suspension of 12 months if this is the driver’s first DUI arrest. If the driver has a prior DUI offense and refused to testing before, then the driver is looking at a longer, 3-year suspension.

What if you took the chemical test but failed? Failing the test means the results showing that you have a blood alcohol concentration of 0.08 or more, illicit drugs in your system or THC level above the legal limit. If the driver fails the chemical test, then the driver is looking at a 6-month license suspension if this is the first DUI offense. The suspension goes into effect 46 days after the suspension notice given by the officer. 

So, although your driver’s license will not be suspended immediately after a DUI, it would be suspended within 46 days of the notice if you refused to take the chemical testing or you took it and failed it. There are a lot of defenses and ways to contest the suspension, however. Everyone has a right to contest the suspension at court by hearing. Also, there are ways to have you continue driving while the DUI is pending and while there is a suspension. If you have been arrested for a DUI, contact our law firm to have an experienced DUI attorney assist you in your defense and to look into the details of your license suspension.