Charles A. Rohde

DUI Defense In Illinois

Statutory summary suspension - DUI

This suspension will go into effect on the 46th day after you were arrested.

If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will be classified as a "first offender" for suspension purposes. (This does not mean that you are a "first offender" for DUI sentencing purposes.)

A first offender will be suspended for:

90 days if you failed a blood, breath or urine test; six months if you refused to take a blood, breath or urine test. If you are a "first offender" then you are eligible for a Judicial Driving Permit for work, school or medical purposes.

If you are not a "first offender" then you will be suspended for one year if you failed a blood, breath or urine test; three years if you refused to take a blood, breath or urine test.

Regardless of your eligibility for a driving permit, your summary suspension can be challenged by filing a "Petition to Rescind the Statutory Summary Suspension" with the Court. The grounds on which the suspension may be challenged are limited by statute (See, 625 ILCS 5/2-118.1). To contest a summary suspension, a petition must be filed in the circuit court of venue within 90 days of receiving your notice of summary suspension. The burden of proof at a summary suspension hearing rests upon you. A hearing must be held within 30 days of the date the petition is filed, or on the first appearance date if a traffic ticket is issued for filing of the DUI charge.