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 charges. We will fight to save your driving privileges, especially if your job is on the line. Call us today at (630) 474-8000 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 If the court rules in your favor, your suspension or revocation is rescinded.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 to ensure the driver is the one blowing into the device. If any alcohol is detected, the car will not start and state officials will be notified. In addition, the device may require you to provide additional breath samples as you drive.

A BAIID is installed at your expense, plus monthly fees for the duration of your suspension. You will need to regularly take your vehicle to an approved vendor to have the device read and calibrated. You must also pay monitoring fees to the Secretary of State’s office.

At Martin & Kent, L.L.C., we can answer all your questions about Illinois ignition interlock laws. While being able to drive with a BAIID may seem like a good opportunity, you can face numerous challenges. For example, the fees associated with an ignition interlock device can add up. Also, the law requires that you always drive a vehicle with a BAIID during your suspension period. Driving a non-equipped vehicle can result in Class 4 felony charges. If your job requires that you drive a company-owned vehicle that does not have a BAIID, you could lose your job. Anyone riding in your car—such as family or friends—will be aware of your requirements to give breath samples in order to drive. If someone else wants to use your vehicle, they must also use the BAIID.

Having a BAIID installed after 30 days is not your only option. You can choose to serve your suspension period without any driving privileges instead. However, too many people are tempted to drive without a valid license, assuming they will not get caught. This is a highly risky idea, since driving on a suspended license can result in Class 4 felony charges. You should carefully weigh the pros and cons of a BAIID or license suspension with our skilled defense attorneys.


Most people do not realize that there is an administrative side to a DUI case regarding your driver’s license, as well as a case in criminal court. You need an attorney who knows how to skillfully address all aspects of your case. At Martin & Kent, L.L.C., we know how to fight against a license suspension or help you receive a BAIID or a Restricted Driving Permit when necessary. We also simultaneously begin building an effective defense against your DUI charges.

DUI defense can be more complex than you might imagine. A proper defense is necessary, however, to avoid the often harsh penalties of a DUI conviction. These penalties can include:

  • Jail time up to one year for a first offense
  • Probation
  • Costly fines up to $2,500 plus court costs
  • Disqualification from certain jobs
  • Difficulty finding housing
  • Lost future opportunities
  • Harsher consequences for subsequent DUI cases

You should never take a DUI case lightly. You should also never delay in seeking legal assistance, as your administrative license suspension needs to be addressed as soon as possible after your arrest. Please contact our office to discuss the many ways our defense lawyers can help in your situation.


At the law firm of Marton & Kent, L.L.C., 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. Call our office today for a free initial consultation at our offices in Wheaton at (630) 474-8000. We serve clients throughout DuPage County, Kane County, and Cook County.