David Studenroth has been protecting the rights of DUI offenders for 30 years. He has the experience and a complete understanding of Illinois DUI laws. Mr. Studenroth will work tirelessly to defend your rights and is prepared to help you reach the most favorable outcome possible in your case. It is extremely important to contact us immediately if you have been charged with a DUI offense. Call 847.292.9200 for a free consultation.
Statutory Summary Suspension
A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an arrest for driving under the influence, the person fails chemical testing or refuses to submit to chemical testing, his license will be subject to a statutory summary suspension.
The summary suspension is a civil penalty that is separate and independent from the DUI criminal offense. A person can be found not guilty of DUI and yet still suffer a summary suspension, because the issue with a summary suspension is that the person either failed chemical testing or refused to submit to chemical testing. The summary suspension is not initiated because of guilt or innocence for the offense of DUI. Rather, it is limited strictly to whether the person took the test or refused.
Illinois Consent Law
Illinois has an implied consent law, which basically means that if a person operates a motor vehicle on any public highway of this state, he is deemed to have consented to the testing of blood, breath, or urine for an alcohol concentration of 0.08 or more or the presence of intoxicating drugs. While the driver may not have agreed to this explicitly, consent is implied by driving in the state. Additionally, if the person failed the test or refused, he is subject to the civil penalty of suspension of driving privileges.
The law in Illinois says that a statutory summary suspension’s length is determined by whether the individual:
- is a first offender
- failed the test or refused
A person is a first offender if he or she has no prior DUIs or statutory summary suspensions from Illinois or any other state within the last 5 years. See 625 ILCS 5/11-500. As the law is written, a first offender can be a person with a prior DUI offense or summary suspension. In fact, the person can theoretically have multiple prior offenses or summary suspensions as long as none of them are within the last 5 years.
A statutory summary suspension is imposed pursuant to statute, 625 ILCS 5/6-208.1. The suspension is summary in the respect that it takes effect automatically. The police officer will complete a Notice of Summary Suspension, provide a copy to the defendant, and mail a copy to the Circuit Court and the Secretary of State. The begins the process of suspension, which takes effect on the 46th day after a copy of the notice was provided to the defendant.
Summary Suspension Hearing
The defendant can challenge the suspension in the Circuit Court by requesting a hearing. On the back side of the Notice of Summary Suspension, above where it reads Receipt to Drive, there is a Notice to Motorist of the Right to a Hearing. This notice describes the defendant’s right to a hearing on the summary suspension.
The request for hearing must be filed within 90 days after the date of the Notice of Summary Suspension, which is usually 90 days after the date of arrest. The request for hearing is called a Petition to Rescind Statutory Summary Suspension, and almost all counties have their own form for this petition. Having an attorney file the petition to rescind is advisable.
Your Right to Legal Counsel
You have a right to legal counsel. David Studenroth is an experienced criminal attorney with a complete understanding of Illinois DUI laws. He will work tirelessly to defend your rights and is prepared to help you reach the most favorable outcome possible in your case. It is extremely important to contact us immediately if you have been charged with a DUI offense. Call 847.292.9200 for a free consultation.