On day 46 your statutory summary suspension takes effect and the paper receipt from the officer stops letting you drive. The date comes from 625 ILCS 5/11-501.1(g): the 46th day after the notice was given to you. Your court case may still be weeks from a ruling. The suspension does not wait for it.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
How to count to day 46
The statute says the suspension takes effect on the 46th day following the date the notice was given. Here is a made up example with a made up date. Say the notice was handed over on March 1. March has 31 days, so March 1 plus 30 days is March 31. Sixteen more days lands on April 16. That is day 46.
Do not stop at your own math. The Secretary of State mails a notice that states the effective date (625 ILCS 5/11-501.1(h)). If that letter and your count disagree, call Jeff before day 46 so he can check the notice. The DUI deadline calculator can check your count.
The statute counts days. It does not carve out weekends or holidays, so a Sunday can be day 46.
What changes when the day arrives
Three things shift at once.
- The receipt the officer gave you at the arrest no longer covers driving. It was good for the period before the effective date.
- Your privilege to drive is suspended. A new stop for driving anyway is a Class A misdemeanor under 625 ILCS 5/6-303(a), unless a permit covers you.
- The Secretary of State record now shows a suspension in effect. For a first offender who is not convicted, the statute treats the report as private, with an exception for the time the suspension is actually running (11-501.1(e)). Ask what that means for an employer or insurer check in your case.
Nothing happens in the courtroom that day. No one calls you in. That is what catches people. The clock runs in an office in another city.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What to have done before day 46
This is a short list, in order.
- Find your notice and the Secretary of State letter. Confirm the date.
- Decide whether to ask for a permit. First offenders can get a monitoring device driving permit, which comes with an ignition interlock.
- Decide whether to ask the court to rescind the suspension. You have 90 days from the notice for that (625 ILCS 5/2-118.1(b)), but the request does not stop day 46 from arriving.
- Plan rides for any gap between day 46 and the day a permit and device are in place.
- Read how the statutory summary suspension works for your kind of arrest.
Who can get a permit and who cannot
The permit is for first offenders. The Secretary of State will not issue one if the license is otherwise invalid, if death or great bodily harm resulted from the arrest, if the driver has a prior conviction for reckless homicide or aggravated DUI involving death, or if the driver is under 18 (625 ILCS 5/6-206.1(a)). A first offender who refused testing can still qualify. The exception is a refusal after a crash that injured or killed someone, which leads to a revocation; that driver must wait one year and apply for reinstatement or a restricted permit (6-208.1(e)).
A permit holder can drive for any purpose and at any time, as long as every vehicle has an ignition interlock device. The device is at the driver's own expense, and no one may drive a commercial vehicle on this permit (6-206.1(a-1)). The device must be installed within 14 days of the date the permit issues, or the permit is cancelled.
The page on the monitoring device driving permit covers the application side.
The hearing to rescind, in plain terms
The petition to rescind is a civil request. The court has to hold the hearing within 30 days after it receives the written request or by the first appearance date on the ticket. The judge may decide based on the officer's own reports, and you may subpoena the officer.
The issues are limited. Was there an arrest for DUI? Did the officer have reasonable grounds? Did you refuse, or did you take a test that showed 0.08 or more, or a listed drug or compound? The judge either sustains the suspension or rescinds it and tells the Secretary of State. See how a petition to rescind works.
Because the hearing may fall after day 46, many drivers face the suspension first and the ruling second. Ask about that sequence early.
After the suspension ends
Once the suspension period ends, driving privileges are restored unless you are otherwise suspended, revoked or cancelled (625 ILCS 5/6-208.1(b)). They are not restored until all reinstatement fees are paid to the Secretary of State (6-208.1(c)). For a summary suspension, the reinstatement fee is $250. For a second or later DUI related suspension or revocation it is $500 (625 ILCS 5/6-118(b)).
If you are later convicted of the same incident, the time you served on the summary suspension is credited toward the minimum revocation period (6-208.1(d)). Read the page on license reinstatement for the steps.
Questions people ask
Is day 46 the same as my first court date?
No. The criminal case and the suspension are separate. The suspension date comes from the notice. Your court date comes from the ticket or a later order.
What if day 46 falls on a weekend?
The statute does not move the date. It says the 46th day following the notice. Plan as if the suspension starts that day.
Can I still file to rescind the suspension after day 46?
You have 90 days from the notice to make the written request (625 ILCS 5/2-118.1(b)). That window is longer than the 46 days, but the suspension will already be running.
Does a permit start on day 46?
Not by itself. The Secretary of State sends a notice about the permit along with the suspension notice (625 ILCS 5/6-206.1(a)). The device must be installed within 14 days of the date the permit is issued. Your letter tells you the steps.
Does a rescinded suspension erase the DUI charge?
No. A rescinded suspension lifts the administrative action only. The criminal case continues on its own track.
Sources
- 625 ILCS 5/11-501.1, Illinois General Assembly
- 625 ILCS 5/2-118.1, Illinois General Assembly
- 625 ILCS 5/6-206.1, Illinois General Assembly
- 625 ILCS 5/6-208.1, Illinois General Assembly
- 625 ILCS 5/6-118, Illinois General Assembly
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
This page is general legal information about Illinois law. It is not legal advice, it does not create an attorney client relationship, and it does not account for the facts of any particular case.
