Statutory Summary Suspension

Understanding Statutory Summary Suspension in Illinois

A Statutory Summary Suspension is an automatic suspension of your driving privileges that occurs if you fail or refuse a chemical test (such as a breathalyzer) after being arrested for a DUI in Illinois. This administrative action is separate from any criminal charges you may face and is enforced by the Illinois Secretary of State. The suspension can significantly impact your daily life, but understanding your rights and options is crucial in addressing this issue effectively.

How Statutory Summary Suspension Works

When you are arrested for a DUI, the arresting officer will request that you submit to a chemical test to determine your blood alcohol concentration (BAC). Depending on your response and the test results, the following suspensions may apply:

• Failing the Chemical Test: If you take the test and your BAC is 0.08% or higher, your license will be suspended for six months for a first offense and one year for subsequent offenses.
• Refusing the Chemical Test: If you refuse to take the test, your license will be suspended for one year for a first offense and three years for subsequent refusals.

Challenging a Statutory Summary Suspension

While a Statutory Summary Suspension is an automatic process, you have the right to challenge it in court. At Herzberg Law Firm, our experienced attorneys can assist you in this process by:

• Requesting a Hearing: You must file a written request for a hearing within 90 days of receiving notice of your suspension. Our attorneys will ensure this request is filed promptly to protect your rights.
• Preparing Your Defense: We will gather evidence, review the circumstances of your arrest, and identify any procedural errors or violations of your rights that can be used to challenge the suspension.
• Representing You in Court: Our attorneys will advocate on your behalf during the hearing, presenting a strong case to contest the suspension and potentially have it rescinded.

Driving Relief Options

If your Statutory Summary Suspension is upheld, you may still have options to regain limited driving privileges:

• Monitoring Device Driving Permit (MDDP): First-time offenders may be eligible for an MDDP, which allows you to drive during the suspension period with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle.
• Restricted Driving Permit (RDP): For repeat offenders or those not eligible for an MDDP, an RDP may be available, allowing you to drive for essential purposes, such as work, school, or medical appointments.

Contact Herzberg Law Firm for Assistance

Navigating a Statutory Summary Suspension can be complex and stressful. At Herzberg Law Firm, we are committed to providing the legal support you need to challenge the suspension and explore your options for driving relief. Contact us today for a consultation, and let us help you protect your driving privileges and your future.