Written by attorney Ruben David Sanmiguel

DUI Statutory Summary Suspension Rules in Illinois

Driving Under The Influence in Illinois: DUI

A person accused of DUI needs to understand that a police officer will ask you to conduct tests, if after issuing a citation for any traffic offense, he/she has probable cause to believe the driver has consumed alcohol or other intoxicating substances. Chemical Testing and the Statutory Summary Suspension

In the State of Illinois, a statutory summary suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.

Penalties for failing chemical testing:

  • First offense - mandatory 6-month driver's license suspension (eligible for an MDDP installed BAID on the 31st day of suspension)
  • Second offense - mandatory 12-month suspension (not eligible for MDDP)

Penalty for refusing or failing to complete chemical testing:

  • First refusal or failure to complete test - mandatory 12-month driver's license suspension
  • Second refusal or failure to complete test - mandatory 36-month suspension

A statutory summary suspension does not apply to an individual who has a BAC of less than .08 or who was on private property when arrested for DUI. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine any penalties. A zero tolerance policy is in effect for drivers under 21 years of age.

Summary suspensions are automatic, effective on the 46th day from the notice date of the suspension. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. First time offenders are leigible to drive on an MDDP/BAID after the 31st day of suspension provided they had a valid license at the time of arrest and their DUI did not cause death of great bodily harm.

An offender may request a judiciahearing to challenge the legality of an arrest; however, the request for hearing does not stop the suspension from taking effect. An experienced DUI Defense Attorney will help you identify the grounds for contesting your suspension and further attack the state's DUI criminal case.

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