When you drive a car in Illinois, whether you have a
valid license or not, you give consent to any law enforcement officer
who suspects you are under the influence to test your blood, breath, or
urine for the presence of alcohol or controlled substances. You still
retain the right to refuse testing and you cannot be forced to
submit. But your decision to take a chemical test or not will have
ramifications for your license. The length of time your license will
be suspended is indicated below:
First Offender: Someone who has not had a D.U.I. disposition or statutory summary suspension in the last five years.
If you take a chemical test and it shows you have a blood
alcohol concentration in excess of 0.08, or you have any amount of a
controlled substance in you blood, you will be suspended for a period
of six months.
If you refuse to take a chemical test you will be suspended for a period of twelve months.
Second Offender: Someone who has had a D.U.I. disposition or statutory summary suspension in the last five years.
If you take a chemical test and it shows you have a blood
alcohol concentration in excess of 0.08, or you have any amount of a
controlled substance in you blood, you will be suspended for a period
of twelve months.
if you refuse to take a chemical test you will be suspended for a period of three years.
The statutory summary suspension will go into
effect forty-seven days after your arrest for driving under the
influence. The suspension will remain in effect regardless of whether
you win the D.U.I. or not. In other words the statutory summary
suspension is separate from the D.U.I. criminal charge. You may
challenge the suspension with a petition to rescind, which is discussed
below.