Statutory Summary Suspension

What Is a Statutory Summary Suspension?

A Statutory Summary Suspension is an administrative action imposed by the Illinois Secretary of State which suspends the license of an driver accused of DUI.

This statutory summary suspension of a motorist’s driver’s license goes into effect automatically on the 46th day after a DUI arrest.

The length of the suspension will be at 6 months if you submit to chemical testing of your blood alcohol level, and 12 months if you refuse to submit to chemical testing.

The criminal portion of your arrest, the DUI charge, is handled by a Prosecutor and is resolved in Court. A Petition to Rescind the statutory summary suspension of your driver’s license proceeds to Hearing in Court, also. The 46-day period, before the statutory summary suspension of your driver’s license goes into effect, gives you the opportunity to challenge your suspension in Court. You can challenge the statutory summary suspension of your driver’s license

How Long Does A Statutory Summary Suspension Last?

In Illinois, a statutory summary suspension of your driver’s license lasts 6 months if you: are a first offender and take a breathalyzer test or blood test resulting in a blood-alcohol concentration of .08 or greater, or if you submit to a blood test or urine test which detects the presence of drugs in your system. If you are a first offender, and if you refuse chemical testing, then the statutory summary suspension of your driver’s license will last 12 months.

How Can an Attorney Help Me With Challenging the Statutory Summary Suspension of My Driver’s License?

In Illinois, the requirements for filing and proceeding to Hearing on a Petition to Rescind the statutory summary suspension of your driver’s license are strict, and deadlines must be followed. As your Illinois DUI lawyer, David B. Franks can guide you through the statutory summary suspension hearing process, and in the right circumstances, challenge your suspension. Contact Attorney David B. Franks today for a free initial consultation.