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When someone is arrested for DUI in Illinois, most people focus on the court case—but there’s another critical part of the process that begins almost immediately: the administrative hearing with the Illinois Secretary of State’s office. This is often referred to as a “DMV hearing” in other states, though Illinois doesn’t use the DMV system. Instead, the Illinois Secretary of State handles all license-related actions.
Unlike the criminal case that determines guilt or innocence, the DMV hearing (formally known as a Statutory Summary Suspension hearing) determines whether a driver’s license will be suspended following a DUI arrest. These two processes run on separate timelines and follow different rules.
This post explains how DMV hearings work after a DUI arrest in Illinois. It covers the purpose of these hearings, how to request one, what’s decided during the process, and how it fits into the broader DUI timeline. Understanding this administrative process is essential because it directly impacts your ability to drive—often long before the court reaches a decision.
What Is a Statutory Summary Suspension?
In Illinois, anyone arrested for DUI is subject to an automatic license suspension through a process called the Statutory Summary Suspension. This is an administrative action taken by the Secretary of State, not a court-ordered punishment. The suspension is triggered by either:
- Failing a chemical test (breath, blood, or urine), or
- Refusing to take the test altogether
This suspension begins automatically on the 46th day after the arrest, unless the driver successfully contests it through a hearing. It applies regardless of whether the criminal case has started, is ongoing, or is eventually dismissed.
The suspension periods for a first-time DUI in Illinois are:
- 6 months for a failed test
- 12 months for refusing the test
For repeat offenses, the suspension times are longer. These penalties are separate from any criminal sentencing that may occur later.
How to Request a DMV Hearing in Illinois
To challenge a statutory summary suspension, the driver must formally request a hearing with the court in the same county where the DUI arrest occurred. Although this is often referred to as a “DMV hearing,” it’s technically a judicial hearing related to an administrative action.
Here’s how the process works:
- File a petition to rescind the suspension
- Pay a filing fee (varies by county)
- Wait for the court to schedule the hearing—typically within 30 days of the request
The hearing is usually held in a courtroom, not at a DMV office or Secretary of State facility. It’s part of the court’s civil docket, and the outcome affects driving privileges, not criminal liability.
Drivers have the right to be represented, present evidence, and cross-examine the arresting officer. The goal is to prove that the suspension should not take effect due to issues with the stop, arrest, or testing procedure.
What Happens During the Hearing
During the DMV (summary suspension) hearing, a judge—not the Secretary of State—decides whether the suspension should stand or be rescinded. The hearing focuses on four possible grounds:
- Whether the officer had reasonable grounds to believe the driver was under the influence
- Whether the arrest was lawful
- Whether the driver was properly warned about the consequences of test refusal
- Whether the driver failed or refused chemical testing
Both the driver and the arresting officer may testify. The judge may also review:
- The arrest report
- The warning to motorist document
- Chemical test results (or refusal documentation)
If the judge finds that any part of the arrest process was flawed, the suspension may be rescinded. If not, the suspension goes into effect on Day 46 as planned.
This hearing does not determine guilt or innocence for DUI. It only affects the administrative penalty on driving privileges.
Outcomes and Impact on Driving Privileges
There are two possible outcomes at the hearing:
- Suspension Rescinded: If the judge rules in favor of the driver, the summary suspension is canceled and driving privileges remain intact (pending the outcome of the criminal case).
- Suspension Upheld: If the judge rules against the driver, the suspension begins on the 46th day after arrest and continues for the full term—6 or 12 months, depending on test results or refusal.
If the suspension is upheld, the driver may be eligible for a Monitoring Device Driving Permit (MDDP). This allows limited driving with the use of a breath alcohol ignition interlock device (BAIID) installed in their vehicle.
Eligibility for an MDDP depends on the driver’s history and whether the DUI is a first offense. The permit allows travel for work, school, medical appointments, and other approved activities during the suspension period.
DMV Hearing vs. Criminal DUI Case
A common misconception is that the DMV hearing and DUI court case are one and the same. In reality, they are entirely separate legal processes:
- DMV hearing (summary suspension): A civil proceeding that affects your license
- Criminal court case: A criminal proceeding that determines guilt and sentencing
Winning the DMV hearing does not end the criminal DUI case, and being found not guilty in court does not automatically lift the license suspension unless the suspension is separately challenged.
Because the DMV hearing happens early—often before the first court appearance—it’s often the first legal outcome drivers face after a DUI arrest.
Timeframe and Deadlines to Know
Timing is crucial when dealing with license suspension after a DUI in Illinois. Key deadlines include:
- Day of arrest: Statutory summary suspension notice is issued
- Within 90 days: Petition to rescind the suspension must be filed (but sooner is better)
- Within 30 days of filing: Hearing is typically scheduled
- Day 46 after arrest: Suspension goes into effect if not successfully contested
Missing these deadlines means the suspension will proceed by default. Even if the DUI case is later dismissed or reduced, the suspension can still impact driving privileges unless it is formally challenged and reversed.
Frequently Asked Questions About DMV Hearings in Illinois
Is the DMV hearing required after every DUI arrest?
No. It is optional. But if you don’t request it, your license will be suspended automatically on Day 46 after arrest.
Does the DMV hearing determine if I’m guilty of DUI?
No. It only determines whether your driver’s license will be suspended. The criminal case is handled separately.
Can I still drive while waiting for the hearing?
Yes. Your license remains valid until the suspension begins on Day 46, unless otherwise restricted by the court.
What happens if I win the DMV hearing?
If you win, the suspension is rescinded and your license remains valid—pending the outcome of your DUI court case.
What if I lose the DMV hearing?
If you lose, the suspension goes into effect and lasts for the duration set by law. You may still qualify for a restricted driving permit.
Do I need a lawyer for the DMV hearing?
It’s not required, but legal representation can help you understand the process and present a stronger case.
Conclusion
DMV hearings—known in Illinois as statutory summary suspension hearings—are an important but often overlooked part of the DUI process. These hearings determine whether your license will be suspended shortly after your arrest, regardless of what happens in court later.
Understanding the deadlines, process, and possible outcomes can help protect your driving privileges during this critical stage. To get the full picture of what happens after a DUI arrest in Illinois, read our guide on The DUI Process From Traffic Stop to Court. For more details on license actions and administrative penalties, see our post on DMV Hearings and License Actions After a DUI Arrest.