Statutory Summary Suspension
The Cook, Lake, DuPuge and Kane County DUI lawyers at The Legal Defenders have a thorough understanding of the Illinois Statutory Summary Suspension process. A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for Driving Under the Influence of Alcohol who fails chemical testing or who refuses to submit to or fails to complete testing. Chemical testing is a test, such as a breathalyzer test, showing a Blood Alcohol Content (BAC) of .08 percent or if you have 5 nanograms of THC (the active ingredient of marijuana) in your blood, or 10 nanograms or more in your saliva.
If you fail a chemical test and it's your first DUI offense, you will be facing a mandatory 6 month license suspension. If you fail a chemical test and it's your second DUI offense, you will be facing a mandatory 12 month suspension of your driver's license. If you refuse to submit to a chemical test and it's your first DUI offense, you will be facing a mandatory 12 month driver's license suspension. And if you refuse to submit to a chemical test and it's your second DUI offense, you will be facing a mandatory 36 month driver's license suspension. The term "first offender" as used above is somewhat misleading. Those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of the current arrest are considered first offenders even though they are not eligible for court supervision on the criminal charge. The Statutory Summary Suspension proceeding is considered a civil proceeding between you and the Illinois Secretary of State and is separate and distinct from the criminal proceeding. But since it involves your driving privileges, it is an absolutely critical part of your DUI case.
The DUI lawyers at The Legal Defenders are trained to understand that Statutory Summary Suspensions are automatic. They automatically go into effect on the 46th day from the notice date on the suspension. Usually, police officers give defendants the document entitled, "Notice of Statutory Summary Suspension" at the police station when they are being processed. This suspension is between you and the Illinois Secretary of State. It does not take the place of criminal penalties you are facing in court. The DUI lawyers at The Legal Defenders are trained to request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect. This suspension can only be challenged by the DUI Attorneys at The Legal Defenders through the filing, within 90 days of your arrest, of a Petition to Rescind Statutory Summary Suspension.