If you were arrested on suspicion of driving under the influence, the clock is ticking on your driving privileges. Unless your summary suspension is thrown out of court, your license is automatically suspended 46 days after the date of arrest.In Illinois, first-time DUI offenders may be eligible for a Breath Alcohol Ignition Interlock Device (BAIID) to continue driving. However, the BAIID is expensive and requires a 30-day hardship suspension period with no driving at all. The interlock is a last resort if you cannot win your hearing.

The criminal defense lawyers of Martin & Kent, L.L.C., have successfully challenged statutory license suspensions as well as the underlying DUI chargesWe will fight to save your driving privileges, especially if your job is on the line. Call us today for a FREE consultation.


An arrest for failing or refusing DUI testing triggers a statutory license suspension. You will be allowed to drive as normal for 45 days and then your driver’s license is suspended or revoked on the 46th day.

You may request a judicial hearing to challenge the statutory summary suspension. Once you file the request, your case must be heard within 30 days. In the hearing, we can challenge the reasonable grounds for your traffic stop, whether you submitted to testing and whether you failed your blood or breath test. If the court rules in your favor, your suspension or revocation is rescinded. [NOTE: You can still be convicted of DUI even if you win your license hearing.]

Our skilled DUI defense attorneys are former prosecutors who know how to challenge the evidence and cross-examine the arresting officers. We have won judicial hearings on behalf of sales professionals, delivery drivers and other clients whose occupation depends on a valid driver’s license.


On a first-time conviction for DUI or a first-time refusal to submit to testing, Illinois drivers may be eligible for a BAIID. If you qualify, you must serve 30 days of hardship suspension (no driving whatsoever). On the 31st day, you are free to drive 24/7 without restrictions if you have installed an approved ignition interlock device (BAIID).

If you have prior DUI-related convictions or suspensions, you may be eligible for a Restricted Driving Permit. The RDP allows offenders with two or more DUIs to drive a car only under limited conditions, such as travel to work or school, and only with a BAIID.

The ignition interlock requires the driver to blow into a breathalyzer-type device on the steering wheel. A camera unit takes a picture of the person performing the test. If any alcohol is detected, the car will not start and state officials will be notified. A BAIID is installed at your expense, plus monthly fees for the duration of your suspension. We can answer all your questions about Illinois ignition interlock laws.


We understand the importance of a valid driver’s license and a clean record. We understand the potential impact on your employment, your insurance and other aspects of life. Contact us today for a free initial consultation at our offices in Wheaton or Naperville. We serve clients throughout DuPage County, Kane County and Cook County.