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Illinois driving lesson · DUI & Drug Laws

Implied consent and summary suspension

A 3-minute lesson from the Illinois course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
DUI & Drug Laws
Checkpoint questions
5
Source pages
52, 53

By driving in Illinois you have already agreed to chemical testing if you're suspected of DUI. Failing or refusing the test triggers an automatic license suspension, separate from any criminal case. Refusing costs you more time than failing.

Know the rule

DUI is classified in Illinois as a violent crime. A DUI conviction stays on your driving record permanently. If arrested or convicted, you may lose your license and registration and be fined and/or imprisoned.

Handbook p. 52 ↗

Implied consent

By driving on Illinois roads you automatically consent to breath, blood, urine or other bodily substance tests to determine whether you were under the influence.

Handbook p. 52 ↗

Know the rule

After a personal injury or fatal crash, if officers have probable cause to believe you were impaired, they must request a drug or alcohol test.

Handbook p. 52 ↗

Know the rule

You may have a qualified person of your choice give additional tests, at your own expense.

Handbook p. 52 ↗
Up to $500

What you may owe for blood test costs if you refused a breath test (or drugs were suspected) and are found guilty of DUI

Handbook p. 52 ↗

Statutory summary suspension

Statutory summary suspension
DriverFail the testRefuse the test
First offender6 months1 year
Second offender1 year3 years
Handbook p. 52 ↗

Know the rule

Failing means a BAC of .08% or more, a THC level at or over the legal limit, or any amount of an unlawful drug, intoxicating compound or methamphetamine.

Handbook p. 52 ↗

Know the rule

You're a second offender if, within the last five years, you had an Illinois summary suspension/revocation, a test-refusal suspension from another state, DUI court supervision, or a DUI conviction.

Handbook p. 52 ↗

Know the rule

A test refusal may be used as evidence against you.

Handbook p. 52 ↗
45 days

Temporary driving receipt the officer gives you (if your license is valid) when taking your license at arrest

Handbook p. 52 ↗

Know the rule

The summary suspension begins on the 46th day after the notice date. It doesn't end until you pay the reinstatement fee and your driving record is updated.

Handbook p. 52 ↗

Know the rule

Refusing chemical testing after a crash involving serious personal injury or death means revocation for at least one year.

Handbook p. 53 ↗

Put it into practice

A first-time offender is arrested and refuses the breath test. Their license will be suspended for one year, twice the six months they'd get for failing it. The refusal can also be used as evidence.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

Driving in Illinois means you automatically consent to breath, blood, or urine testing if arrested for DUI.
  1. True
  2. False

Answer: True

Illinois' implied consent law applies automatically to all drivers.

Handbook p. 52 ↗
What happens if a chemical test discloses a BAC of 0.08% or more after a DUI arrest?
  1. A three-month statutory summary suspension
  2. A six-month statutory summary suspension
  3. No suspension unless convicted in court
  4. A one-year statutory summary suspension

Answer: A six-month statutory summary suspension

A BAC of 0.08% or more triggers a six-month statutory summary suspension.

Handbook p. 52 ↗
A driver refuses chemical testing after a prior DUI-related suspension within five years. What suspension applies for the refusal?
  1. One year, same as a first offender
  2. Six months
  3. Three years, as a second offender
  4. There is no increased penalty for repeat offenders

Answer: Three years, as a second offender

A second-offender refusal within the lookback period brings a three-year suspension.

Handbook p. 52 ↗
How long can a driver operate under a temporary receipt after a DUI arrest, before a statutory summary suspension begins?
  1. 45 days
  2. 30 days
  3. 90 days
  4. 15 days

Answer: 45 days

The temporary driving receipt is valid for 45 days before the suspension starts.

Handbook p. 52 ↗
DUI is classified as a violent crime in Illinois.
  1. True
  2. False

Answer: True

Illinois classifies DUI as a violent crime, remaining on the record permanently.

Handbook p. 52 ↗
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