What Is the Statutory Summary Suspension in Illinois? Perhaps you received a notice of statutory summary suspension in the mail, or it was included with the paperwork a police officer gave you after an alleged DUI traffic stop. Does this mean that you will lose your license? What options do you have to save your ability to drive?
In short, an Illinois statutory summary suspension is a note telling you that you will soon have your driving license temporarily suspended. However, with the help of a skilled Southern Illinois DUI Lawyer, you can fight against the statutory summary suspension and protect yourself from losing your driving privileges. Acting fast is critically important in these cases, since there is not much time before the suspension goes into effect. Call us at (314) 900-HELP or contact us online to start working on your defense right away.
We’ll look at Illinois statutory summary suspensions in detail below, including:
- The automatic suspension after 46 days
- How it is independent from criminal charges
- What affects how long your license can be suspended for
- The options you have to drive while your license is suspended
- How you can challenge, fight against, and get rid of an Illinois statutory summary suspension
How Do You Get a Statutory Summary Suspension in Illinois
You might think that an Illinois statutory summary suspension comes from the criminal charges, but you’d be wrong – the statutory summary suspension is actually tied to the arrest, not to a conviction. If a criminal case arises from the arrest, that would be handled separately from the license suspension.
You can be arrested for a DUI if you:
- “Fail” a chemical test.
- Refuse to submit to a chemical test, or
- Fail to complete a chemical test.
These tests typically consist of at least one of breath (breathalyzer), blood, and/or urine samples, which are collected and checked for substances. You can “fail” the chemical tests by:
- Having a Blood Alcohol Content of .08% or higher
- Having a THC level of 5 or more nanograms per milliliter of whole blood
- Having a THC level of 10 or more nanograms per milliliter of other bodily substance
For both criminal charges and statutory summary suspensions, it’s important to have a local Southern Illinois DUI lawyer to fight for your rights – someone with knowledge of how both the court system and investigations operate, in order to find faults in the prosecution’s case.
How Does the Statutory Summary Suspension Work in Illinois?
The good news is that the statutory summary suspension is not the same as a revocation of your license – the suspension only lasts for a set amount of time, versus a revocation that can be indefinite. After a revocation, you would need to go through a legal process, testing, a remedial process, and retake your driver’s test before you can get your license back. For a suspension, you generally only have to wait for the pre-determined suspension period to pass, and then pay a fee.
However, this does not mean that a suspension is necessarily any easier to live with – you will be unable to drive for at least 6 months (unless you have an exception – see below), and will still likely have an arrest record. Knowing what to do with a Southern Illinois DUI and getting expert legal advice can help you avoid these consequences.
When Does a Statutory Summary Suspension Go Into Effect in Illinois?
There’s some nuance in how timing works for the Illinois statutory summary suspension, depending on when you receive the notification. If you were pulled over for an alleged DUI, the police officer may have given you the notice at that time. Or, if the testing was required to be sent off-site and they didn’t get the results until later, they may have sent the results to you in the mail after the fact.
In either case, the suspension goes into effect on the 46th day after you receive the notice, giving you the first 45 days to continue driving while you prepare a defense.
You’ll have until 90 days after the notice to petition against your suspension – this means it’s possible to petition the court even while your license is suspended. After you send in your petition, the court has 30 days to set up a hearing for you.
To break it down:
- Day 1: The date on the Notice of Statutory Summary Suspension.
- Day 46: You can no longer legally drive.
- Day 90: Last day to submit a petition and stop the suspension.
- 30 Days after Petition: Last day for the court to grant you your hearing.
If you receive a notice of statutory summary suspension, these time limits mean it’s critical to reach out to an attorney right away, or at least within two weeks – waiting too long can result in your losing the ability to drive, hampering your ability to mount a good legal defense. The earlier you bring in a DUI defense lawyer, the sooner they can work on building a defense strategy that’s best for your case.
How Long Does a Statutory Summary Suspension Last in Illinois?
How long an Illinois statutory summary suspension lasts depends on what it was for, and if it was a “First” or “Subsequent” offense.
You’ll remember from above that you can either fail/fail to complete, or refuse to take a chemical test – these are the two main distinctions here:
For a First Offense:
- Failing a test results in a 6-month suspension.
- Refusing to take a test results in a 12-month suspension.
For Subsequent Offenses (within 5 years):
- Failing a test results in a 1-year suspension.
- Refusing to take a test results in a 3-year suspension.
Can I Drive in Illinois Driving With a Statutory Summary Suspension?
There are two ways for someone with a statutory summary suspension to possibly drive in Illinois, albeit with major limitations:
First, a Monitoring Device Driving Permit (MDDP) is available to allow you to drive without time or location restrictions, as long as you are at least 18 years old and are a first-time offender. This involves an application process, fees, and the installation of a special device on your vehicle(s) that will require you to pass a breathalyzer test before you can drive.
Second, a Restricted Driving Permit (RDP) can be issued in some cases. This allows you to drive at certain times and in certain locations when you don’t have access to another form of transportation. With an RDP, you can also only drive for specific pre-approved reasons. The application process for an RDP includes proving that you have hardship, potentially undergoing a hearing, and showing you qualify for several other eligibility requirements.
Needless to say, it’s always preferable to avoid a statutory summary suspension if you can.
Can I Get Rid of a Statutory Summary Suspension in Illinois?
As we mentioned above, you have the opportunity to stop or remove a statutory summary suspension in Illinois for 90 days after you receive your notice. If the petition succeeds, the suspension will be revoked, and you’ll be able to drive again without restriction. Again, in order to maximize your chances of success, it’s important to contact an experienced DUI lawyer as soon as possible. With the fast deadline, starting early can make all the difference.
If your petition does not succeed, you will have to wait the term of the suspension and then pay a reinstatement fee before you can regain your full Illinois driver’s license privileges.
What Defenses Can a Lawyer Use Against a Statutory Summary Suspension in Illinois?
Let’s say that you’ve received your notice of statutory summary suspension, contacted a lawyer, filed a petition to stop the suspension, and now you have a hearing date. What strategies can you use at the hearing?
A good Southern Illinois DUI defense attorney will have multiple DUI defense strategies to employ, and will explore all of them for the best fit for your case. Some options might be:
- There was a lack of reasonable suspicion for a traffic stop.
- Perhaps there was an error with your test, making the results inaccurate
- It’s possible that your BAC levels rose between when you were initially pulled over and when the test was administered.
- You weren’t warned about the consequences of failing the tests.
- Or maybe there was a different constitutional rights violation related to the stop or evidence collection.
Contact our Southern Illinois DUI Defense Lawyers Today, to Stop Your Statutory Summary Suspension
Don’t wait to get help if you’ve received a statutory summary suspension in Illinois! Hesitating can cost you in the strength of your defense and the ability to mount a defense at all.
Here at Combs Waterkotte, we’re here to help people just like you: good people in difficult situations. We’ve handled over 10,000 cases just like yours, and bring our record of proven results to the table when we work with you. If you want to save your license, call now at (314) 900-HELP or contact us online for a free, confidential consultation on your case.
