A Statutory Summary Suspension is an automatic suspension of a person’s Illinois driver’s license if they are charged with a DUI in Illinois.
The suspension takes effect on the 46th day after the DUI arrest date. The suspension is between 6 months and three years, depending on whether it is a persons first or subsequent offense. Specifically, if a person has not had a prior Statutory Summary Suspension within the past 5 years, a Statutory Summary Suspension will be considered a first offense. If a person submitted to the chemical testing (breath, blood or urine), and the chemical testing revealed a level greater than 0.08, the suspension will be for 6 months. If the person refused to submit to the chemical testing, the suspension will be for 1 year.
If the person has a prior statutory summary suspension within the past 5 years, and they submitted to the chemical testing and the level was greater than 0.08, the suspension will be 1 year. If the chemical testing was refused, the suspension will be for 3 years.
There is a procedure to rescind (dismiss) the Statutory Summary Suspension by filing a Petition to Rescind the Statutory Summary Suspension. This Petition has to be filed with the court clerk and served upon the prosecutor’s office. Once this Petition is filed, the prosecutor’s office has 30 days or until the first court date (whichever is later) to provide you with a judicial review.
The likelihood of prevailing on having the Statutory Summary Suspension dismissed is dependent upon the specific facts of your case.
I offer a completely free, no pressure case review, (telephone or in person) and provide a completely frank assessment of your case and the likelihood of having the Statutory Summary Suspension rescinded.