Illinois Statutory Summary Suspension Basics

Driving Under the Influence (DUI) cases in Illinois are different from most other traffic cases. In most cases, just being arrested for DUI leads to a Statutory Summary Suspension of a driver’s license. The Statutory Summary Suspension begins on the 46^th day after the arrest at 12:01 a.m. As such, a DUI arrest effects your driver’s license, and the ability to legally drive. It is important to retain an experienced DUI attorney when fighting a DUI and a Statutory Summary Suspension.

The Statutory Summary Suspension will last for a minimum of six months to a minimum of three years depending on whether a person is considered a first offender and whether a breath, blood or urine test was administered with a positive result or whether testing was refused. License reinstatement is not automatic at the end of the Statutory Summary Suspension. The Statutory Summary Suspension will not end until a driver has driving privileges reinstated by the Illinois Secretary of State.

Drivers are afforded an opportunity to have a hearing before a judge to try to have the Statutory Summary Suspension rescinded or overturned. Typically, a Petition to Rescind Statutory Summary Suspension must be filed within 90 days of arrest. The Statutory Summary Suspension will begin on the 46^th day after arrest, even if a Petition to Rescind Statutory Summary Suspension is filed. You must be provided a hearing on your Petition to Rescind Statutory Summary Suspension within 30 days of filing or the first court date, whichever is later, unless you are the cause of the delay in holding the hearing.

There are limited grounds available to try to overturn the Statutory Summary Suspension. It is the driver’s burden at the Statutory Summary Suspension hearing to show by a preponderance of the evidence that the police officer did something wrong or failed to do something required related to your stop or arrest, surrounding the warning of your right to submit to or to refuse breath, blood, or urine testing, or the accuracy of the result of breath, blood, or urine testing.

Typically, a police officer who effectuates the arrest will testify at the Statutory Summary Suspension hearing and the dash camera or station video will be played. If the police officer fails to appear, the State may proceed “on paper” by using the officer’s reports. The driver may have to testify at the hearing to meet his or her burden if the State decides to proceed “on paper”.