| In Illinois, statutory summary suspensions laws are | | | | with the court to obtain a driving permit. If you receive |
| aimed at suspending drivers who are charged with the | | | | the permit, the vehicle which the DUI arrestee drives |
| offense of DUI. When a person is arrested for the | | | | must install a Breath Alcohol Interlock Ignition Device |
| offense of DUI, their driver's license will be suspended | | | | (BAIID). The costs for the BAIID device can range |
| on the 46th day from the date of the DUI arrest. If the | | | | from $1000 for a 6 month suspension to $2000 for a |
| person is arrested for a DUI and they refuse to | | | | 12 month suspension. |
| undergo chemical testing, such as a breathalyzer test, | | | | Individuals have the right to challenge the summary |
| blood test or urine test, their driver's license will be | | | | suspension, but petition must be filed within 90 days of |
| suspended for a period of 12 months. If a person | | | | the service of the notice summary suspension. This |
| submits to the chemical testing and the test indicates a | | | | summary suspension notice arrives from the Illinois |
| blood alcohol level (BAC) at.08 or higher, their driver's | | | | Secretary of State's office. This notice informs you of |
| license will be suspended for a period of 6 months. A | | | | the date of the suspension. At this hearing, the burden |
| summary regarding the length of suspension from a | | | | of proof at this hearing is on the motorist. The motorist |
| DUI arrest is listed below: | | | | has the right to a rescission hearing, either within 30 |
| 1) 6 months for first offenders who submit to the | | | | days or the first court date. There are various grounds |
| testing; | | | | to have a summary suspension rescinded, but the |
| 2) 12 months for first offenders who refuse to submit | | | | State of Illinois has an extremely high success rate in |
| to the testing; | | | | winning these hearings. The reasons are as follows: |
| 3) 12 months for a BAC greater than.08 who is not a | | | | Motorist was not properly placed under arrest for a |
| first offender; | | | | DUI; No probable cause to for the DUI arrest; Motorist |
| 4) 3 years for those who refuse chemical testing who | | | | not properly warned; Motorist did not refuse to submit |
| are not first offenders. | | | | to the test; Motorist was not driving or in actual |
| Every motorist operating a vehicle on a public highway | | | | physical control of a motor vehicle. |
| in Illinois is required by law to submit to any form of | | | | It is important to retain an attorney who is |
| chemical testing that the police officer desires, if they | | | | concentrates in DUI law. I also recommend that the |
| are arrested for a DUI. This is known as Illinois Implied | | | | attorney you retain practices in the county in which |
| Consent Law. In Illinois, driving a vehicle is a privilege, not | | | | you were charged with a DUI. If you were arrested for |
| a right. | | | | a DUI in Kane or DuPage County, you should hire an |
| A person may obtain a driving permit if they are first | | | | attorney that frequently practices in those two |
| offender under Illinois Law. The definition of a first | | | | counties. Your DUI attorney can challenge various |
| offender is not a person who has never had a DUI | | | | portions of summary suspension. In addition to |
| conviction. If fact, you can have multiple arrests for DUI | | | | challenging the statutory summary suspension, your |
| and still be a first offender under the Statutory | | | | attorney may have the criminal case dismissed or |
| Summary Suspension Laws. The individual must apply | | | | reduced from a DUI. |