Chicago DUI Attorneys
Statutory Summary Suspension in Illinois
In Illinois, a Statutory Summary Suspension is an administrative process wherein one’s license is suspended following arrest for a DUI and failing or refusing chemical testing (breath, blood or urine testing) used to determine one’s blood alcohol or breath alcohol concentration or the presence of an intoxicating or illegal substance.
Different license suspension penalties apply depending upon whether a driver fails or refuses chemical testing, as well as whether it is his or her first, second or subsequent offense:
- Refusing a Breath or Blood Test
- First offense: 12-month license suspension
- Second offense (within 5 years): 36-month license suspension
- Failing a Breath or Blood Test
- First offense: 6-month license suspension
- Second offense (within 5 years): 12-month license suspension
A Summary Suspension is automatic and will take place on the 46th day after you receive your suspension notice. The notice is a paper that the arresting officer typically gives you when he or she confiscates your driver’s license upon your arrest for DUI. An officer may mail the notice when the results of chemical testing are not immediately known. You may, and in most cases should request a hearing to challenge the suspension of your license. This must be done within 90 days of receipt of the notice.
Chicago DUI Lawyer
A Chicago DUI lawyer at Fagan, Fagan & Davis can help you if you have been arrested for DUI and are facing license suspension. We can request a judicial hearing which will give us the opportunity to challenge many aspects of your case, including the legality of your DUI arrest. By quickly filing your petition for a hearing and representing you at this administrative proceeding, a lawyer at our firm can effectively assist you in retaining or reinstating your driving privileges.
Aggressive, knowledgeable representation by a skilled attorney is a must during Summary Suspension proceedings. According to the Illinois Secretary of State website, in 2004 92% of drivers arrested for DUI who failed or refused chemical testing, had their licenses suspended. Your attorney will need to understand the exact procedure for challenging a DUI suspension and will need to work hard to help you avoid this consequence.
Contact Fagan, Fagan & Davis to discuss the Summary Suspension process with an experienced Chicago DUI attorney.