A statutory summary suspension is an administrative suspension of your driving privileges that runs separately from the criminal DUI case. It is imposed by the Secretary of State, not by the judge hearing the criminal charge, and it starts on a fixed date whether or not the criminal case has been resolved. This page sets out what the Illinois statute actually says.
What a Statutory Summary Suspension Is
Anyone who drives in Illinois is treated by law as having consented to chemical testing of blood, breath, other bodily substance or urine if they are arrested for a DUI offence and the officer has probable cause to believe they were under the influence. That is the implied consent rule in 625 ILCS 5/11-501.1(a).
The underlying offence itself is set out in 625 ILCS 5/11-501(a), which makes it unlawful to drive or be in actual physical control of a vehicle with an alcohol concentration of 0.08 or more, or while under the influence of alcohol, drugs or intoxicating compounds to a degree that renders the person incapable of driving safely.
The summary suspension is the administrative consequence that follows either a refusal to test or a test result over the limit. It is not the criminal penalty, and it can take effect even if the criminal charge is later reduced or dismissed.
The 46 Day Clock
This is the deadline most people miss. Under 625 ILCS 5/11-501.1(g), the suspension takes effect on the 46th day following the date the notice of suspension was given. The notice is usually handed over at the time of arrest.
That wording matters in a practical way. The clock does not start when the criminal case is called, and it does not pause because a court date is further out. It runs from the date of notice. Anything a driver intends to do about the suspension has to happen inside that window, before it takes effect.
How Long the Suspension Lasts
625 ILCS 5/6-208.1(a) sets the periods before driving privileges can be restored, and the length turns on what happened at the roadside and on whether the driver is a first offender:
- Twelve months where the driver refused or failed to complete testing, and was not involved in a crash causing personal injury or death to another.
- Six months where the driver submitted to a chemical test and the result showed an alcohol concentration of 0.08 or more, or any amount of a listed controlled substance, intoxicating compound or methamphetamine.
- Three years for any person other than a first offender who refused or failed to complete testing.
Read the ordering of those first two carefully, because it surprises people. Under the statute, refusing the test carries a longer suspension than failing it.
What First Offender Means in Illinois
The term is defined in 625 ILCS 5/11-500, and it is narrower than it sounds. For the purposes of sections 6-206.1 and 6-208.1, a first offender is a person who has not had a previous conviction or court assigned supervision for violating section 11-501 or a similar local ordinance, no equivalent out of state conviction, and no driver's licence suspension or revocation under section 11-501.1 within the five years before the current offence.
So a person can have a DUI far in the past and still fall outside the definition, and a person with no criminal conviction at all can fall outside it because of an earlier suspension. Which side of that line a driver sits on changes the suspension period.
Two Cases, Not One
The single most useful thing to understand is that a DUI arrest in Illinois produces two separate proceedings running on different clocks. The criminal case proceeds through the Will County courthouse in Joliet on the court's schedule. The summary suspension proceeds administratively and takes effect on the 46th day regardless.
Those two tracks can end differently. The criminal charge and the administrative suspension are decided under different provisions and by different decision makers.
Where These Facts Come From
Every rule stated on this page is taken from the Illinois Compiled Statutes as published by the Illinois General Assembly at ilga.gov, retrieved on 9 September 2026: 625 ILCS 5/11-501(a), 625 ILCS 5/11-501.1(a) and (g), 625 ILCS 5/6-208.1(a), and 625 ILCS 5/11-500. Statutes change. Confirm the current text before relying on it.
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.
