NOTE: This article was updated to reflect 2020 changes to Illinois law with passage of Public Act 101-027. These new laws became effective on January 1st, legalizing recreational use of marijuana.
Illinois state law provides that when a person is arrested for DUI and either blows over the legal limit of 0.08 (blood alcohol) or refuses to take a breath test, his or her driver’s license will be suspended. The same is true if a person operates a motor vehicle while impaired by marijuana. It does not matter if that person lawfully possessed and used marijuana for medical or recreational purposes. If a person becomes impaired and loses the capability to drive safely, they are guilty of DUI and subject to driver’s license suspension.
This suspension is called a Statutory Summary Suspension because it is mandated by statute and summary in nature. Summary means that the suspension will take effect on the 46th day after the arrest without a hearing. (The process to challenge the suspension is called a “petition to rescind,” which is explained elsewhere on this site.)
Qualifications for permit to drive during summary suspension
During the summary suspension, a driver may be eligible for a special permit to drive. State law allows a defendant to obtain a Monitoring Device Driving Permit (MDDP), if the driver installs a breath alcohol ignition interlock device (BAIID) in the vehicle and meets additional qualifications.
First, the driver must be at least 18 years old to receive an MDDP. If younger than 18, it is not possible to obtain an MDDP.
Second, the person’s driver’s license must be valid. It cannot be suspended or revoked for any reason. (If the person’s license is expired, theoretically they could go to the Secretary of State and renew the license before the first court date. This issue is sticky because the Secretary of State will not renew a license if the license has been seized by the officer as bond for a DUI or another traffic matter. The author has known clients to get their license renewed before the court date, though.)
Third, the driver must be a first-time offender under the summary suspension law. To be clear, a first offender for purposes of the summary suspension is a different issue than a first offender for DUI. You could be a first offender for the summary suspension even though this is your second DUI arrest. A first offender for the purposes of summary suspension is a person who has had:
- no previous summary suspension,
- no conviction for DUI,
- no court supervision for DUI, and
- no out-of-state conviction for DUI within the last five (5) years.
Therefore, if your last DUI arrest was more than five years ago, then you should qualify as a first offender.
There are other restrictions for an MDDP which arise less frequently. For example, MDDPs are not available to defendants charged with aggravated DUI resulting in death or great bodily harm. Also, the defendant is not eligible for an MDDP if they were previously found guilty of reckless homicide or aggravated DUI resulting in death.
Summary suspension also affects commercial driver’s licenses (CDLs). A first summary suspension results in CDL suspension for one year. A second summary suspension results in permanent CDL revocation. That person’s non-commercial driver’s license will also be suspended. Though that person may be eligible for an MDDP.
Prior to 2018, there was a 30 day hardship that prevented people from driving during the first 30 days of the suspension. That meant for all drivers, the MDDP will not be effective until the 31st day of the summary suspension. However after 2018 the law changed and the 30 day hardship was eliminated so drivers were able to install a BAID device and obtain the MDDP and were able to drive as soon as the suspension began, thereby not missing a day of driving.
Getting arrested for DUI is a serious matter. Therefore, it is advisable to retain qualified counsel at the earliest opportunity.