4 Things to Know About Statutory Summary Suspensions in Illinois

 Posted on August 09, 2021 in DUI

You may be aware that if you are convicted of driving under the influence (DUI) in Illinois, your driver’s license will be revoked for at least a year. However, it is also possible to lose your driving privileges for a time even before your criminal case is resolved. Illinois drivers who are arrested and charged with DUI can be issued an automatic statutory summary suspension of their license if they fail or refuse a chemical test designed to detect the presence of alcohol and other controlled substances. If you have been arrested, here are some important things to understand about a statutory summary suspension.

Refusing a Test Results in a Longer Suspension Than Failing a Test

Illinois has an implied consent law that requires drivers who are arrested for DUI to submit to a chemical test. If you refuse the test, you face a statutory summary suspension of 12 months for a first offense. On the other hand, if you submit to the test and fail, meaning you are found to have a blood alcohol concentration (BAC) of at least 0.08, a THC concentration of at least 5 nanograms per milliliter of blood, or any amount of illegal drugs in your system, you will face a suspension of only six months for a first offense.

You Have the Right to Challenge a Suspension

Once you have been notified of a pending statutory summary suspension, you have 45 days before the suspension takes effect. However, within 90 days of your notice date, you can request a judicial hearing to contest the suspension. An attorney can represent you at this hearing to help you make the case that the suspension should be dismissed, perhaps because of impropriety in your arrest or the administration of the chemical test.

Suspensions Are Handled Independently of Criminal Sentencing

Statutory summary suspensions are administrative penalties issued by the Office of the Illinois Secretary of State, whereas criminal DUI convictions are handled by the Illinois court system. If you are successful in contesting a suspension, that does not necessarily mean that you will also avoid a criminal conviction. By the same token, receiving a suspension does not necessarily mean that you will be convicted of DUI. However, if you are issued both a statutory summary suspension and a DUI revocation, any time served on the suspension can be applied to your revocation period.

You May Be Able to Drive During Your Suspension

If you receive a statutory summary suspension and you are a first-time offender, you may be able to apply for restricted driving privileges in the form of a Monitoring Device Driving Permit (MDDP). An MDDP allows you to drive at any time and for any legal purpose during your suspension, but you will need to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in any vehicle that you drive during this time.

Contact a Will County DUI Defense Attorney

If you have been arrested for DUI, hiring an experienced Aurora, IL criminal defense attorney as soon as possible can help you mitigate the consequences you may face. At the Law Office of Patricia Magaña, LLC, we can represent you at your suspension hearing and your criminal trial, and we can also help you reinstate your driving privileges after serving a suspension or revocation. Call us today at 630-448-2001 to schedule a free consultation. Se habla español.

Sources:

https://www.cyberdriveillinois.com/departments/drivers/faq.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K2-118.1