Persons charged with a DUI offense automatically receive a suspension of driving privileges in Illinois, known as a statutory summary suspension. In addition to the suspension, such persons also face a fine, imprisonment or both if convicted.

Persons charged with a DUI offense should not wait for the first court date to contact an attorney but should do so immediately. Delay in contacting an attorney can result in the loss of certain rights. Several important things can happen on a defendant's case before he or she goes to court for the first time.

I.

Judicial Review

A petition can be filed before a judge to rescind the statutory summary suspension. In most cases this must be filed no later than 90 days after the date of arrest and must be based on specific grounds allowed by the Illinois DUI statute. The petition must be in writing and should be filed with the Clerk of the Circuit Court, on or before the first court date. Circuit Court Rule 11.1 provides that the prosecution shall, when reasonable, be ready to proceed on the first court date. If the defendant is not ready to file a petition for judicial review on the first court date, there is no guarantee he or she will get a hearing before the statutory summary suspension goes into effect.

II.

Reinstatement Information

Suspended driving privileges will not be restored until:

(A) the expiration of the period specified on the notice of statutory summary suspension or the expiration of an additional period of time as directed by the court has taken place; and
(B)

for first time offenders, payment of a $60.00 reinstatement fee must be made to the Illinois Secretary of State. This payment may be mailed to:

Jesse White
Illinois Secretary of State
Traffic Violations Section
Driver Services Department
2701 South Dirksen Parkway
Springfield, Illinois 62723-0001
Attention: LESR

III. Restricted License Information

Currently in Illinois, persons under a statutory summary suspension can petition a judge for a Judicial Driving Permit (JDP) or a Monitoring Device Driving Permit (MDDP), depending on the date of their arrest on DUI charges.

DUI Arrests before January 1, 2009

Persons arrested on DUI charges before January 1, 2009, who wish to petition a judge for a restricted license may only apply for a Judicial Driving Permit (JDP). However, due to a change in Illinois law, the JDP will eventually be phased out, and all persons arrested on DUI charges on or after January 1, 2009, may only apply for a Monitoring Device Driving Permit (MDDP)

All of the following requirements must be met to qualify for a JDP:

  1. The defendant must have a valid driver’s license.
  2. The defendant must not have had an alcohol related offense in the last five (5) years.
  3. The defendant must obtain an alcohol or drug evaluation from the Central States Institute of Addiction (CSIA). CSIA has offices in Chicago and the suburbs. The telephone number is (312) 948-6001. CSIA is the only agency approved by the Circuit Court of Cook County to conduct alcohol and drug evaluations. A JDP may not be granted without this evaluation. Defendants requesting a JDP on their first court date must bring the evaluation with them. (Defendants are encouraged to make an appointment with CSIA immediately because the evaluation process can take up to four (4) weeks.)
  4. The defendant must provide a letter from his or her employer certifying hours of employment, routes driven to remain employed and the unavailability of an alternate way to get to work; or,
  5. the defendant must provide proof that he or she must drive himself or herself or a household member to receive medical, alcohol or drug treatment or to attend educational programs and that no alternative means of transportation exists.

If these requirements are satisfied and a JDP is issued, the scope of that permit will be limited by what is necessary to accomplish the task for which the permit is issued. For example, if the permit is issued to allow the defendant to drive to and from work or school, the defendant will only be able to drive to and from work or school. He or she will not be able to drive a car to do errands.

DUI Arrests on or after January 1, 2009

Persons arrested on DUI charges on or after January 1, 2009, who wish to petition a judge for a restricted license may only apply for a Monitoring Device Driving Permit (MDDP).

Previously, persons under a statutory summary suspension were allowed to petition a judge for a judicial driving permit (JDP).  However, due to a change in Illinois law, the JDP will eventually be phased out, and all persons arrested on DUI charges on or after January 1, 2009, may now only apply for a MDDP.

The MDDP requires defendants to only drive cars on which a breath alcohol ignition interlock device (BAIID) is installed. The driver must provide a breath sample into the BAIID prior to starting the vehicle and at random intervals throughout his or her trip. The BAIID uses advanced technology to read the driver’s blood alcohol content (BAC). A BAIID is connected to the ignition of the car and prevents the car from starting if the defendant’s breath sample registers .025 or higher. The BAIID keeps an internal record of the number of times the ignition is locked due to a high BAC. The Illinois Secretary of State can either revoke the MDDP or extend the length of a driver’s statutory summary suspension if the driver receives an impermissible number of lockouts.

All of the following requirements must be met to qualify for a MDDP:

  1. The defendant must be at least eighteen years old.
  2. The defendant must have a valid driver’s license.
  3. This must be the defendant’s first DUI arrest.
  4. This DUI arrest must not have involved death or great bodily harm.
  5. The defendant must not have been previously convicted of reckless homicide.
  6. The defendant must have a BAIID installed on his or her car.
  7. The defendant must pay the following fees associated with the BAIID:
    1. installation fee of approximately one hundred dollars ($100.00) paid to the vendor of his or her choice;
    2. monthly rental fee for the device of approximately eighty dollars ($80.00) paid to the vendor of his or her choice; and
    3. monthly monitoring fee of thirty dollars ($30.00) paid to the Secretary of State.
  8. The defendant has served 30 days of the statutory summary suspension which will be either six (6) or 12 months, depending on whether the defendant failed or refused the breath test.

If these requirements are satisfied and a MDDP is issued, a defendant must install the BAIID on his or her car within 14 days of receiving the permit. MDDP drivers can only drive cars on which the device is installed. However, they can drive for any purpose or at any time subject to rules adopted by the Illinois Secretary of State.


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