How Do I Rescind a DUI License Suspension in Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
Combs Waterkotte is a leading DUI defense law firm serving Illinois and Missouri. Our Illinois defense attorneys will fight for your freedom and rights. If you are facing DUI charges in Chicago or anywhere else in Illinois, we can help. Call us at (312) 500-HELP 24 hours a day, 7 days a week.
Interview Transcript
Scott Michael Dunn: How do I rescind my license suspension for a DUI in Illinois?
Joshua Boardman: Yes, you have to ask for it and that hearing has to occur within 90 days of that arrest. So, often what we file on behalf of our client is a petition to rescind the statutory summary suspension. That petition was filed in the same case that the ticket was issued under. It’s filed in the same county. It’ll go in front of the same judge and we will essentially argue based on evidence, was there a lack of evidence of impairment? Was there something that did not occur correctly in stop. Various things. I mean, each case is a factual determination, but we’ll go argue in front of the judge that the statutory should not be put into place and that should be rescinded. Now, that’s a civil remedy and it’s different than the criminal penalty, which is you’re there on misdemeanor. Secretary of State is administrative. That doesn’t mean that you avoid criminal penalties.