What is Statutory Summary Suspension in Illinois?

 Posted on October 07, 2013 in DUI/DWI

A term frequently used to discuss driving under the influence (DUI) charges in the state of Illinois is that of statutory summary suspension. According to the2013 Illinois DUI Fact Book, if the you have received your first DUI or you’re not sure what the term means, educating yourself about the process can be helpful in moving forward in your DUI case. The best way to prepare for your DUI case in court is to hire the services of a talented criminal law attorney.

A statutory summary could apply in your situation if you refused to take or failed to complete chemical testing. Chemical testing is used to determine the level of alcohol in an individual’s blood, and failing refers to a Blood Alcohol Content (BAC) of .08 or higher at the time of testing.

The suspensions of driving privileges are automatic and they go into effect on the 46th day following the date of a suspension notice. It is important to remember that statutory summary suspensions doesn’t replace any criminal penalties that might be associated with the DUI. If you would like to challenge the arrest, you can request a judicial hearing to initiate that process, but this request doesn’t stop the suspension from going into effect on the appropriate day.

The terms of the suspension depend on your circumstances at the time. Failing chemical testing on your first offense leads to suspension of driving privileges for six months whereas your second or further offense within five years leads to suspension for a period of 1 year with no driving relief opportunities. If you refuse to submit to the chemical testing on your first offense, you can have your driving privileges suspended for 12 months. On your second or subsequent offense, you can have your driving privileges suspended for three years with no opportunity for driving relief. The circumstances of your situation and arrest are critical for understanding your consequences. Speak to an experienced Illinois DUI attorney today to discuss the details of your case.