Effective January 1 2016, the Illinois Secretary of State has removed the 30-day waiting period before a person with a suspended license based upon a Statutory Summary Suspension can begin driving.
When a person receives a charge of driving under the influence (DUI) they usually (but not always) also receive a Statutory Summary Suspension. This Statutory Summary Suspension is the automatic suspension of a person’s driver’s license. This starts 46 days after the person’s DUI arrest and continues for a period of 6 months to 3 years. This depends on if it is the person’s first or second DUI arrest and if the person agreed to breath/ blood/ urine testing.
Prior to January 1 2016, a person charged with a DUI and Statutory Summary Suspension could not drive for the first 30 days after the suspension took effect, that is, from day 46 to day 76. On day 76 the person could drive provided they applied for a BAIID device to be installed in his or her vehicle. A BAIID device is a device that measures if a person has consumed alcohol. Now, however, a person can apply for and have a BAIID device installed without waiting the 30 days of no-driving. However, applying for and having the BAIID device installed takes a few weeks. If you are charged with DUI in Illinois, you should apply for the BAIID device as soon as possible.
In addition, although I fight to end my client’s license suspension or eliminate it completely, I do advise client’s to start the process of applying for the BAIID as a “Plan B.”
