When arrested for DUI in Illinois, the automatic license suspension (6 months if you submitted to breath or blood or urine test, or 12 months if you did not) automatically takes effect on the 46th day after the day of your arrest. This means you do not have a license to drive a vehicle and will be arrested if you are caught driving once this suspension takes effect.
The only way to stop this automatic license suspension is to file a “Petition to Rescind the Statutory Summary Suspension.” Once this petition is filed and served upon the prosecutor, you are entitled to have a hearing before a judge to determine whether the statutory summary suspension (license suspension) is going to take effect.
There are many reasons to argue why your license should not be suspended or in other words why the statutory summary suspension should be cancelled or rescinded. Including: 1. the officer was not reasonable in believing that you were under the influence of alcohol or drugs, 2. there was no valid reason that the officer stopped your vehicle, 3. you passed the road side tests (field sobriety) 4. that the officer did not properly inform you what would happen if you did or did not submit to the breath (or other type) of tests, as well as other reasons.
Hardship of having to go to work or support your family, drive your children to school are not reasons the judge will consider. Only legal arguments attacking the stop (time before and during arrest) will prevent the Statutory Summary Suspension.
The Petition to Rescind the Statutory Summary Suspension is a legal document that is filed and presented by your attorney. As an attorney I file a Petition to Rescind in EVERY case regardless of the facts of the case. There are many Statutory Summary Suspensions I have had thrown out that I did not think would be. It’s worth fighting every Statutory Summary Suspension.
I offer free consultation to review the facts of your case either in person, telephone or email, (see contact form on this website).