In Illinois, yes, you may generally continue to drive after a DUI arrest but before your court date, provided your driver's license remains valid and your statutory summary suspension has not yet begun. However, this period is often limited and can be complex.
Understanding Illinois DUI License Suspensions
A DUI arrest in Illinois triggers two separate legal processes: a criminal court case and an administrative driver's license suspension known as a statutory summary suspension.
What is a Statutory Summary Suspension?
The statutory summary suspension is an automatic administrative suspension of your driving privileges imposed by the Illinois Secretary of State. It is separate from any penalties that might result from your criminal DUI case in court. This suspension takes effect even if you are ultimately found not guilty of the DUI charge.
When Does the Suspension Begin?
Crucially, your ability to drive after a DUI arrest is tied directly to the effective date of this statutory summary suspension.
- Typical Timeline: For most first-time DUI arrests in Illinois, the statutory summary suspension typically begins on the 46th day following your arrest and the issuance of the Notice of Statutory Summary Suspension.
- Pre-Court Date Suspension: It is important to understand that in some cases, this license suspension will begin before your first scheduled court date for the DUI charges. If your statutory summary suspension takes effect, your driving privileges are suspended, regardless of whether you have appeared in court yet.
Driving Status Before Court Date:
| Scenario | Driving Status Before First Court Date |
|---|---|
| Before Statutory Summary Suspension Begins | Permitted (with valid license) |
| After Statutory Summary Suspension Begins | Not Permitted |
The Importance of Legal Action
Given that the statutory summary suspension can begin before your court appearance, swift action is often necessary to protect your driving privileges.
- Challenging the Suspension: You have a limited window (typically 90 days from the date of the notice) to file a petition to rescind (cancel) the statutory summary suspension.
- Early Intervention: Filing this petition is a critical step that must occur before the suspension takes effect, and often before you face a judge for your criminal case. A successful petition can prevent or end the administrative license suspension, potentially allowing you to drive legally while your criminal case proceeds.
In essence, while you might be able to drive for a period immediately following a DUI arrest, the clock is ticking until your statutory summary suspension begins. Once that suspension takes effect, your driving privileges are revoked, irrespective of your court date.
