I have been arrested for a DUI in Chicago or the surrounding suburbs. Can I still drive after being arrested for DUI? Will my driver’s license be suspended for DUI? These questions are some of the first people ask themselves after being arrested for DUI. If you are arrested for a DUI in Chicago or anywhere throughout Illinois your driver’s license will be suspended. The length of the suspension depends upon two primary factors. The first is whether you agree to submit to chemical testing (for example a breathalyzer). The second depends on whether you are a first time offender. The basic scenarios are:
1. If this is your first arrest for DUI, and you submit to chemical testing and are above the legal limit of .08, your driver’s license will be suspended for a minimum of six months.
2. If this is your first arrest for DUI, and you do not submit to chemical testing your driver’s license will be suspended for a minimum of twelve months.
3. If this is not your first arrest for DUI, and you submit to chemical testing, and you are above the legal limit of .08, your driver’s license will be suspended for a minimum of one year.
4. If this is not your first arrest for DUI, and you refuse to submit to chemical testing, your driver’s license will be suspended for a minimum of three years.
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It should be noted that this is a general guideline regarding the suspension of your driver’s license if you are arrested for DUI and does not include every possible scenario. For example, under Illinois’ zero tolerance policy, if you are under the age of 21 at the time of your DUI arrest, any amount of alcohol registered in your system will result in a suspension of your driver’s license. Additionally, whether you qualify as a first offender is very specific under Illinois law. Therefore, if you are arrested for DUI, it is important that you speak to a DUI legal practitioner to evaluate the facts of your specific case.
Communication of information in this blog is intended for informational purposes only and may not reflect the most current legal developments. Your use of this information does not form an attorney client relationship and it is not intended to convey or constitute legal advice. You should not act on this information without obtaining legal advice from an attorney licensed in your jurisdiction.
