Jump to content
Sign in to follow this  
alelliot

Illinois DUI suspension lengths

Recommended Posts

Hi,

 

I'm trying to find the exact statute that states the lengths of suspensions for DUIs in Illinois for a research project (coding the strength of the DUI laws in each state based on different aspects of the laws, and then seeing if they can be used to predict the exact rate of DUIs in each state).

 

So far, I have found two statutes:

625 ILCS 5/6-208

(a) Except as otherwise provided by this Code or any other law of this State, the Secretary of State shall not suspend a driver's license, permit, or privilege to drive a motor vehicle on the highways for a period of more than one year.

(...)

( B) 2. If such person is convicted of committing a second violation within a 20-year period of:

(A) Section 11-501 of this Code [625 ILCS 5/11-501] or a similar provision of a local ordinance...

(...)

(D) …then such person may not make application for a license until after the expiration of 5 years from the effective date of the most recent revocation…

 

This seems to indicate the 1st offense results in a maximum 1 year suspension (I think? I can't find the statute that says exactly how long the first offense is for), and the 2nd offense results in a maximum 5 year suspension.

 

The other statute is the law for statutory summary suspensions.

625 ILCS 5/6-208.1  Period of statutory summary alcohol, other drug, or intoxicating compound related suspension or revocation

(a) Unless the statutory summary suspension has been rescinded, any person whose privilege to drive a motor vehicle on the public highways has been summarily suspended, pursuant to Section 11-501.1 [625 ILCS 5/11-501.1], shall not be eligible for restoration of the privilege until the expiration of:

1. twelve months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests...

2. six months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more...

3. three years from the effective date of the statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests...

4. one year from the effective date of the summary suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08 or more...

As I understand it, this statute activates if a person 1. refuses to submit to a test or 2. fails the test.

 

This is where I'm confused. The two statutes seem to be contradictory. 6-209 says if you fail the test for the 1st time, your license is suspended for up to 1 year, but 6-208.1 says it's only suspended for 6 months. And if you fail the test for the second time in 5 years, 6-208 says it's suspended for 5 years, but 6-208.1 says it's suspended for only one year. 

 

I think I'm fundamentally misunderstanding something about statutory summary suspensions, but I've been reading tons of law blogs and FAQs and nobody has discussed what the difference is between an ordinary DUI and a summary suspension. (Maybe there isn't one?) 

 

If anyone could clear this up for me, I'd definitely appreciate it. I just need to know which statutes to look at to determine the lengths of suspension for DUIs in Illinois. Thanks!

Share this post


Link to post
Share on other sites

I read the whole statute. Both statutes. I posted them in my previous post. They're directly contradictory. 6-208 says that if you fail the DUI test, it's a year's suspension. 

 

5/6-208  Period of Suspension -- Application After Revocation.

(a) Except as otherwise provided by this Code or any other law of this State, the Secretary of State shall not suspend a driver's license, permit, or privilege to drive a motor vehicle on the highways for a period of more than one year.

 

6-208.1 says that if you fail the DUI test, it's a six-month suspension.

 

5/6-208.1  Period of statutory summary alcohol, other drug, or intoxicating compound related suspension or revocation

 

(a) Unless the statutory summary suspension has been rescinded, any person whose privilege to drive a motor vehicle on the public highways has been summarily suspended, pursuant to Section 11-501.1 [625 ILCS 5/11-501.1], shall not be eligible for restoration of the privilege until the expiration of:

 

1. twelve months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, other drug, or intoxicating compound concentration under Section 11-501.1, if the person was not involved in a motor vehicle accident that caused personal injury or death to another; or

 

2. six months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act [720 ILCS 550/1 et seq.], a controlled substance listed in the Illinois Controlled Substances Act [720 ILCS 570/100 et seq.], an intoxicating compound listed in the Use of Intoxicating Compounds Act [720 ILCS 690/0.01 et seq.], or methamphetamine as listed in the Methamphetamine Control and Community Protection Act [720 ILCS 646/1 et seq.], pursuant to Section 11-501.1.

 

 

Does 6-208.1 refers to a DUI per se, maybe?

Share this post


Link to post
Share on other sites

When I said read the entire section, I meant EVERY provision in Chapter 6, Article 2.  Statutes don't exist in a vacuum and in order to properly figure them out, you need to look at every code section as well as every other section the code refers to. 6-205 is the code dictating mandatory revocation.  6-208.1 says 1 year for a refusal, 6 months for first offense where a test was taken.  6-208.2 deals with people under 21 at the time of the offense. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...