The DUI Test and the Summary Suspension
625 ILCS 5/11-501.1 — consent to testing is implied, and a hearing can be asked for within 90 days
Anyone who drives or is in actual physical control of a motor vehicle on the public highways of Illinois is deemed to have consented to a chemical test of blood, breath, other bodily substance or urine if arrested for driving under the influence.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
- The officer warns that refusing the test results in a statutory summary suspension of the privilege to drive.
- A driver under 21 is also warned that a result greater than 0.00 and less than 0.08 brings a suspension of its own.
- The person acknowledges the warning in writing, and refusing to sign it is not evidence that it was not read.
A refusal, or a result of 0.08 or more, or a finding of drugs, starts the statutory summary suspension, which takes effect on the 46th day after the notice was given.
A hearing has a deadline. Within 90 days after the notice, the person may make a written request for a judicial hearing in the circuit court of venue, and the hearing is held within 30 days of the request or the first appearance date on the ticket. Asking does not stay the suspension.
The hearing is limited to whether there was an arrest, whether the officer had reasonable grounds, whether the warning was given and the test refused or failed, and, for a revocation, whether the crash caused a Type A injury or death.
Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (4)
- 625 ILCS 5/11-501.1 — Suspension of drivers license; statutory summary alcohol, other drug or drugs, or intoxicating compound or compounds related suspension or revocation; implied consent
- 625 ILCS 5/2-118.1 — Opportunity for hearing; statutory summary alcohol or other drug related suspension or revocation pursuant to Section 11-501.1
- Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
- Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.