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Statutory License Suspension in Illinois

Updated on October 13, 2022 → Under

If you know that if you're convicted in Illinois (Cook County, DuPage County, and Lake County) of driving under the influence (DUI), your license will be suspended for at lea­st one full calendar month. You may be able to lose your license for a period of time even before your criminal charges are resolved. If you're arrested for driving under the influence (DUI) in Illinois, you may face a mandatory driver's license revocation if you don't take a breathalyzer test. If you've been arrested, here are several important things to know about a statutory arrest and statutory license suspension.

A summary conviction for driving under the influence (DUI) is a civil violation that is separate and distinct from the criminal offense. An administrative action taken by the secretary of state on someone's driver's license is called a "statutory summary" or "administrative" revocation.

What is Statutory Summary Suspension?

An Administrative Summary Suspension is an official notice (civil penalty) issued by the Department of Motor Vehicles (DMV) informing a driver that his or her license has been suspended for some reason. You will go under an administrative hearing to discuss the outcome, usually, it is a loss of driving privileges. 

When the police ask for a driver’s license and/or insurance card at a traffic stop, they may order an involuntary alcohol test (such as a Breathalyzer) even though drivers don't have to take them. If you refuse, you could face penalties including license suspension. However, most people don't realize that refusal automatically results in a statutory summary suspension (SSS). It's best to just go ahead and submit. You won't be penalized.

A statutory summary suspension (SSS) is different than a criminal DUI case; it’s a civil proceeding. If a driver refuses to take a test, fails a test, tests positive for drugs, or tests positive for both drugs and alcohol, they could lose their license for one year or until they pass another test.

At a summary suspension hearing, the judge will review the facts surrounding your arrest, including whether the officer had probable reason to stop you, and if so, whether he did everything necessary to ensure that his actions were legal.

When does a Statutory Summary Suspension go into Effect in Illinois?

Until the 45th day after you're given a Notice of Suspended Driving Privileges, the official start of the period during which your driving privileges will be suspended for one year has begun. The effective dates of the period of suspension may be delayed if the law enforcement agency requires additional lab tests. If you don't pay within thirty-six days of receiving your Notice of Summary Suspend.

drivers license suspension form, Statutory License Suspension in Illinois

FAQ: How much is a DUI lawyer?

HOW LONG WILL MY DRIVER'S LICENSE BE SUSPENDED FOR DUI IN ILLINOIS?

The length of time for which a driver has been given a statutory warning before his/her license is suspended depends on two main factors.

  1. Whether you failed or refused the sobriety test the police officer gives
  2. If you've had any prior DUIs or statutory suspension convictions within the past five years, you may be required to take an alcohol education course before receiving a license reinstatement.

If you're caught for the first time, the suspension ranges from 12 months to three years. Depending on the severity of the offense, the suspension ranges from 12 months to two years. You can have your license revoked while in physical control of a motor vehicle while under the influence of an illegal drug.

Can I drive during DUI Summary Suspension of my Driving Privileges?

As long as your driver’s license hasn't already been revoked or had a criminal offense prior, there is still time to regain your ability to drive and get back behind the wheel.

An individual who has been subject to a first-time summary traffic violation in Illinois may apply for a Monitoring Device Driver’s License (MIDDL) under Chapter 625, Section 11 of the Illinois Vehicle Code (625 ILCS 5/11-1207(a)). The blood alcohol content (BAC) of this person must be between.15 and.19, inclusive, or he/she must refuse chemical testing because of his/her arrest for driving under the influence (DUI) of illegal substances.

You can set the BAIID (Breath Alcohol Ignition) for alcohol testing to activate whenever you wish. The breath alcohol ignition check's the person's breath alcohol concentration under reasonable grounds.

Under Illinois' Implicit Consent Law, if someone drives a car on any public road in Illinois, they're considered to have given their permission for police officers to test their blood, breath, or uri­ne for an alcoholic content of 0.08 or greater or the presence of intoxicant drugs.

It keeps track of your blood alcohol content level so that if you're ever pulled over for drunk driving, the police know exactly If your blood alcohol level is under 0.05, then when your body has had enough alcohol, the BAIID allows you to start your car. A person who has been given an MVD must install a BAIIID system

If the blood alcohol concentration (BAC) for blood testing of an arrested driver is between.15 and.19, inclusive, then he/she may refuse to submit to a breath test with chemical testing. You're also responsible for getting the BAIID installed by an authorized installer. It might cost some money to get it done, but you'll be saving time and effort having someone else handle it. Blood testing is an efficient way to figure out the alcohol content. 

A statutorily suspended license is valid until the end of the first month after issuance of the order. Therefore, even if one obtains an MDDP (Monitored Device Driving Permit) during the initial 30-day period, he/she will still be subject to statutory suspension for another 30-day period.

If you're not a first offender of felony charges and depending on your drug use history, you won't be able to get a license for a medical marijuana dispensary. However, if you fail or refuse to take a field sobriety test after a DUI arrest, there are changes if you are a medical cannabis user. If you're facing a DUI-related suspension from driving, you must undergo a drug evaluation by a Division of Addiction Medicine-licensed provider at a hearing. Your arrest history will be put under review. 

If you're convicted of driving under the influence (DUI) in Illinois, you could face both administrative and criminal penalties. This suspension or revocation has nothing to do with criminal penalties for a DUI. It doesn't come after a conviction. But you will have a revocation of driving privileges after a drug evaluation. 

Can I Avoid a Summary Suspension of my Driver's License after getting a DUI?

The most straightforward answer is yes.

A seasoned attorney (or DUI Lawyer) will know the best way to represent your case. When representing yourself at a court proceeding, having an experienced lawyer by your side can help secure favorable results for both your DUI case and your license suspension hearings. Look up the background of your potential lawyer.

If you're facing a statutory summary suspension for driving under the influence (DUI), you have the option of challenging it at a summary suspension hearing, which takes place in the circuit court where your DUI was committed. You have 90 calendar days from the date recorded on the notice of summary suspension to file a petition to rescind the statutory summary suspension.

lamp, gavel, statue, and book on a desk, Statutory License Suspension in Illinois

During a summary suspension driving hearing, the court will consider whether the officer had reasonable suspicion to stop your vehicle and if he/she had probable reason to believe that you were operating a motor vehicle under the influence of alcohol or drugs.

Even if, during the course of the trial, the judge decides there was no evidence presented at the preliminary examination showing probable cause for your DUI conviction, your license could still be reinstated. Your current arrest record will be brought up. Under the statutory summary suspension law, your driver’s license could be automatically suspended if you refused to take a breathalyzer or failed a drug screening.

A lot of people don't realize that they can get a hardship license if their license has been revoked for some reason. You will receive a notice of suspension for your license to not drive on any public roadway.

Related Content: Illinois Driver's License Reinstatement Lawyer

Petition to Rescind Statutory Summary Suspension

A traffic citation is a summary proceeding because it is immediate. If the fine isn't paid within 46 days, your driver's license will be suspended without any further hearings. You can only appeal if you file a motion to vacate the order in the circuit courts of the county where the original order was issued. People who are considered minimal risk are usually eligible for an Informal Review by the Illinois Secretary of State.

You need to file the petition to rescind at the courthouse where the police arrested you. A DUI defense attorney may be able to help you get out of jail if you're facing charges of driving under the influence (DUI). After filing for an appeal, drivers have a right to a formal administrative review within 30 days. If the first court date is within 30 days of when you're arrested, then there's no need for an attorney.

If the case goes to trial, then the judge may allow the case to be heard at any time before the trial begins. However, if there are any other circumstances, the hearing shall be held within thirty days after the filing of the rescission action.

Frequently, the 30-day period is favorable to the defense. Sometimes, the arresting officers don't show up for their trial. Sometimes, there are other technical reasons why a payment might not be processed within 30 days. If you go past 30 days without taking any action, you're committing a Trainor Violation and your license will be suspended for 90 days. If you don't hire an attor­ney by the deadline, you may lose your right to appeal.

If you would like more information or to speak to an attorney about statutory license suspension, contact Dohman Law Group for a free consultation. Call (847) 359-4005

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