Does a DUI charge always mean losing your license?

July 10, 2026 · Criminal Defense

No — but the clock is much shorter than most people realise, and the licence question moves on a separate track from the criminal case.

Two proceedings, not one

A DUI arrest triggers a statutory summary suspension through the Secretary of State as well as a criminal charge. The suspension is automatic and civil; the criminal case is separate and slower.

The deadline that catches people out

A petition to rescind the summary suspension must be filed promptly, and a hearing held within 30 days of the request. Miss it and the suspension stands regardless of how the criminal case ends.

What can be challenged

Whether the stop was lawful, whether the officer had reasonable grounds, whether warnings were properly given, and whether the breath instrument was certified and correctly operated.

Driving in the meantime

First offenders are generally eligible for a monitoring device driving permit, which allows work and family driving with an interlock installed.

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