Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
Illinois Statutory Summary Suspension Law
In Illinois, statutory summary suspensions were laws aimed at
suspending drivers when they are charged with DUI. If a
person is arrested for a DUI, the person’s driver’s license is
typically suspended on the 46th day from the date of arrest.
If an arrestee refuses to submit chemical testing, ie
breathalyzer test, blood test or urine test their driver’s license will
be suspended for a period of 12 months. If a person submits
to the testing and the test indicates a blood alcohol level in excess
of .08, the person’s license will be suspended for 6 months.
Here is a quick summary regarding the length of suspension
from a DUI arrest:
1) 6 months for first offenders who
submit to the testing;
2) 12 months for first offenders who
refuse to submit to the testing;
3) 12 months for a BAC greater than.08
who is not a first offender;
4) 3 years for those who refuse chemical
testing who are not first offenders.
In Illinois, driving a vehicle
is a privilege, not a right. Every motorist operating a
vehicle on a public highway is required to submit to chemical testing
if they are arrested for a DUI. This is known as Illinois
Implied Consent Law.
A person is eligible for a
driving permit if they are considered a first offender. To
obtain this permit, the person must apply with the court and have a
Breath Alcohol Interlock Ignition Device (BAIID) installed on their
vehicles. The costs for the BAIID device is expense and
ranges between $1000 for a 6 month suspension to $2000 for a 12 month
suspension.
A person has the right to
challenge the summary suspension, but it must be filed within 90 days
of the service of the notice summary suspension. This notice
arrives from the Illinois Secretary of State’s office informing you of
the date of the suspension. The burden of proof at this
hearing is on the motorist. The motorist has the right to a
timely hearing, either within 30 days or the first court date.
There are numerous grounds to have a summary suspension
rescinded.
1) Motorist was not properly placed under
arrest for a DUI;
2) No probable cause to for the DUI
arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to
the test;
5) Motorist was not driving or in actual
physical control of a motor vehicle.
It is important to retain an attorney who is highly
experienced in DUI law and practices in the county in which you were
charged with a DUI. Your DUI attorney may be able to
challenge various portions of summary suspension. In addition
to challenging the suspension, your attorney may able to have the
criminal case dismissed or reduced from a DUI.
Call me for a free consultation:
1-630-925-7188
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
