Statutory Summary Suspension

Following many DUI arrests in Illinois, the Illinois Secretary of State may impose a Statutory Summary Suspension of your driving privileges separate and apart from the criminal DUI case. This administrative suspension may occur if you either fail chemical testing or refuse to submit to testing after a DUI arrest.

The length of a Statutory Summary Suspension depends upon several factors, including whether you submitted to testing, your prior DUI history, and whether you have previously received a Statutory Summary Suspension. Because the suspension is administrative rather than criminal, it may take effect even if you are ultimately found not guilty of the DUI charge.

In many cases, you have the right to challenge the suspension by filing a Petition to Rescind the Statutory Summary Suspension. These proceedings involve specific legal issues, including whether the officer had reasonable grounds for the arrest, whether the arrest was lawful, whether proper statutory warnings were given, and whether Illinois law enforcement complied with the procedures governing chemical testing.

An experienced DUI attorney can review police reports, body-worn camera footage, chemical testing records, and other evidence to determine whether legal grounds exist to challenge the suspension. Successfully rescinding a Statutory Summary Suspension may allow you to retain or restore your driving privileges while your DUI case remains pending.

SOURCE(S): 625 ILCS 5/11-501.1, 625 ILCS 5/2-118.1