Statutory Summary Suspension
In Illinois, most Driving Under the Influence (DUI) arrests will be accompanied by a Statutory Summary Suspension. The Statutory Summary Suspension is an administrative penalty from the Illinois Secretary of State that is independent from the underlying DUI criminal case. A statutory summary suspension means that your driving privileges will be suspended for a specified period of time, until you are eligible for reinstatement. If you do not pay the reinstatment fee ($250.00 or $500.00), when you are eligible, your license will remain suspended.
The statutory summary suspension is imposed if there is a blood alcohol concentration (BAC) of .08 or more, or if there was a refusal to submit to chemical testing or the chemical testing of blood, breath or urine has revealed the presence of an illegal substance.
Driver's License Penalties for the Refusal of Testing
Submission to a Blood Alcohol Concentration test is voluntary, however, if you refuse to be tested, there are severe consequences that will be applied to your Driver's License status.
In Illinois, the driver's license penalties for a refusal are as follows:
- There is a mandatory 6-month driver's license suspension for a first time offender, who tests positive for a blood alcohol concentration of .08 or more, or a positive result for any amount of a controlled substance or cannabis in his/her blood, breath or urine following a DUI arrest.
- There is a mandatory 12-month driver's license suspension for a first time offender, who refuses to submit to a blood, breath or urine test following a DUI arrest.
- There is a mandatory 12-month driver's license suspension for a second time offender with a blood alcohol concentration of more than .08 or having any amount of a controlled substance or cannabis in his blood, breath or urine following a DUI arrest.
- There is a mandatory 36-month suspension for a second time offender who refuses to submit to a blood, breath or urine test following a DUI arrest.
For purposes of determing whether or not you are a first offender, you cannot have a prior statutory summary suspension within the last five years. In other words, if you have had a prior statutory summary suspension from more than 5 years prior to your current statutory summary suspension, you may be considered a first time offender under the statutory summary suspension statute. This does not mean that you will be considered a first time offender in the criminal matter however, if you have a prior disposition for DUI.
What to expect if you are arrested for DUI and the underlying Statutory Summary Suspension.
Once you are placed under arrest for the offense of DUI, you will be transported to the police department. An officer will read to you a "Warning to Motorist" which will admonish you as to the consequences for submitting a breath sample with a blood alcohol concentration of .08 or more, or for submitting to a blood and/or urine sample which tests positive for a controlled substance and/or cannabis. The "Warning to Motorist" will also admonish you as to the consequences for refusing to submit to a breath, blood, or urine test. In the event you have either submitted to chemical testing or if you have refused, you may continue to legally drive for the next 45 days. If you submitted to chemical testing with a BAC result of .08 or more or a positive result for a controlled substance or cannabis, your statutory summary suspension will begin on the 46th day at midnight. Your notice date is usually your arrest date, unless the officer does not have the results from your blood or urine test. For most first offender DUI arrests, the officer will take your Driver's license as part of your bail bond, and you will be required to post an additional $100.00 before you will be released. In some jurisdictions, there may also be a tow fee if your car was towed from the scene of the arrest.
Petition to Rescind Statutory Summary Suspension.
You have a right to a judicial hearing to contest your statutory summary suspension. In order to invoke your right to a hearing to contest the summary suspension, you must request a hearing by filing a petition to rescind your statutory summary suspension. This petition must be filed within 90 days after proper notice of your statutory summary suspension, or you will waive your right to a hearing on this issue.
In order for your Statutory Summary Suspension to be rescinded the presiding judge must find any one of the following basis:
- There were no reasonable grounds for your DUI arrest.
- You were not properly warned by the officer regarding the consequences of taking or refusing the chemical tests.
- The test results revealed a BAC of less than .08.
- You did not refuse to submit to a chemical test.
- You were not properly placed under arrest for a DUI violation, as evidenced by the issuance of a Uniform Traffic Citation.
- Your DUI arrest was not supported by probable cause
Contact Aurora DUI Defense Attorney David Lee
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