DUI, implied consent and summary suspension

Key points

1. It is illegal to drive with a BAC of .08% or more, and you can be convicted of DUI below .08% if impaired.

   Source: Handbook p. 48

   “It is illegal to drive if your BAC is .08% or more. However, you can be convicted of Driving Under the Influence (DUI) if your BAC is less than .08% but your driving ability is impaired.”
   Illinois Rules of the Road, Handbook p. 48

2. It is illegal to drive with THC of 5 nanograms or more per milliliter of whole blood.

   Source: Handbook p. 48

   “It is illegal to operate a motor vehicle on Illinois highways with a cannabis tetrahydrocannabinol concentration (THC) of either 5 nanograms or more per milliliter of whole blood”
   Illinois Rules of the Road, Handbook p. 48

3. Food, coffee and showers do not speed up the removal of alcohol from your body.

   Source: Handbook p. 48

   “Food, coffee, and showers do not speed up the elimination of alcohol from your body.”
   Illinois Rules of the Road, Handbook p. 48

4. By driving in Illinois, you automatically consent to breath, blood, urine or other tests.

   Source: Handbook p. 49

   “When operating on Illinois roadways, you automatically consent to submit to certain tests.”
   Illinois Rules of the Road, Handbook p. 49

5. A test showing .08% or more suspends your driving privileges for six months.

   Source: Handbook p. 49

   “If a chemical test discloses a BAC of .08% or more or a THC level of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, your driving privileges will be suspended for six months.”
   Illinois Rules of the Road, Handbook p. 49

6. Refusing chemical testing suspends your driving privileges for one year.

   Source: Handbook p. 49

   “If you refuse to submit to chemical testing, your driving privileges will be suspended for one year.”
   Illinois Rules of the Road, Handbook p. 49

7. The officer takes your license and gives you a receipt to drive for 45 days. The suspension starts on the 46th day.

   Source: Handbook p. 49

   “provide you with a temporary receipt allowing you to drive for 45 days. The statutory summary suspension begins on the 46th day from the notice date provided by the police officer.”
   Illinois Rules of the Road, Handbook p. 49

8. A first DUI conviction brings at least a one-year revocation, and a second within 20 years at least five years.

   Source: Handbook p. 50

   “A first conviction results in a minimum one-year revocation. • A second conviction within 20 years results in a minimum five-year revocation.”
   Illinois Rules of the Road, Handbook p. 50

9. It is illegal to have an opened alcohol container in the passenger area.

   Source: Handbook p. 51

   “It is illegal to have alcohol in the passenger area of a vehicle if the container has been opened.”
   Illinois Rules of the Road, Handbook p. 51

Numbers to know

3 questions from the Illinois practice test

1. 1. How long are Illinois driving privileges suspended after a chemical test discloses a qualifying result?

   1. Thirty days
   2. Three months
   3. Two years
   4. Six calendar months
   Show answer

   Six calendar months. Illinois imposes a six-month statutory summary suspension when a chemical test discloses a qualifying BAC, THC, or other covered substance result. The three-month option is not the period stated for this chemical-test suspension. A refusal is handled separately and generally brings a one-year suspension for a first offense, while two years is not the period in this rule. Keep the trigger and consequence together: a qualifying chemical test leads to six months. This administrative suspension is separate from any criminal DUI case that may follow.

2. 2. What happens to Illinois driving privileges after a driver refuses chemical testing?

   1. They are suspended for 45 days only
   2. They are suspended for half a year
   3. They are suspended for 12 months
   4. They remain unaffected unless a later test is positive
   Show answer

   They are suspended for 12 months. Under Illinois implied-consent enforcement, refusing chemical testing results in a one-year suspension of driving privileges for the ordinary refusal described in the manual. Six months is tied to a qualifying chemical-test result, not the refusal itself. The 45-day period refers to a temporary receipt that may allow driving after arrest while the suspension process begins, not the suspension length. Refusal therefore has its own serious consequence even when no test result is available.

3. 3. When does an Illinois statutory summary suspension begin?

   1. On the 46th day from the notice date provided by the police officer
   2. On the 15th day after the court hearing
   3. After the driver receives a renewal notice
   4. Immediately when the traffic stop begins
   Show answer

   On the 46th day from the notice date provided by the police officer. Illinois does not start the statutory summary suspension on the day of the stop. The manual places the start on the 46th day from the notice date supplied by the police officer. That timing gives the driver a defined period after notice, while the immediate-stop choice confuses arrest timing with suspension timing. A court hearing is not the trigger identified here, and a license renewal notice has no role in starting the suspension. Keep the notice date and the 46th-day rule together when reviewing the sequence of events.

Source: the Illinois Rules of the Road, Chapter 6: Driving Under the Influence (DUI). This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.