Statutory Summary Suspension (SSS) of a driver's license occurs 46 days after a DUI arrest. This license suspension lasts for a minimum of between six months to three years, depending on whether a driver is considered a first-offender and whether the driver refused or submitted to a chemical test showing an illegal amount of alcohol or drugs.
Time is especially critical in the SSS area. Documents must be filed within 90 days of arrest to preserve your right to a hearing on the SSS issue. Once documents are filed, the State must provide a hearing within 30 days.
Often, the SSS will begin before the first court date or before a hearing can be held. The SSS will begin on the 46th day after the DUI arrest even if you have not had a court date or a hearing. Filing court documents does not stop the SSS from beginning.
Unlike the criminal DUI case, it is your burden to show the officer did something wrong in stopping your vehicle, arresting your for DUI, warning you of the consequences of taking or refusing breath or chemical testing or that the sample result obtained was inaccurate.