What is a Statutory Summary Suspension?
This suspension is a civil matter where the Secretary of State suspends your license based on the sworn report that the officer completed as part of your DUI investigation.
Illinois has what’s called implied consent law. This law states that “any person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 11-501.2, to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds.” See 625 ILCS 5/11-501.1
You see, if the officer had probable cause to believe that you were driving under the influence of alcohol or drugs or a combination of both, the officer must request a chemical test. This is at the officer’s direction because Illinois law says you have given implied consent to do so by driving a car in this state. When the officer asks you to submit to a chemical test at the station, he has to read you what is called the “Warning to Motorist.” Once the officer has probable cause and asks you to submit to a breath or chemical test, the officer will warn you that refusing to submit to this test will result in the statutory summary suspension of your driving privileges to operate a motor vehicle. If you are a CDL holder, this will result in the disqualification of your commercial driver’s license.
After reading you the Warning to Motorist, the officer will offer you a breath test or chemical test to determine your level of influence. If your test results show a BAC (breath alcohol content) of .08 or more; a THC of either 5 nano - grams or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance; or any trace of a drug (other than cannabis), illegal substance or intoxicating compound, the officer will serve you with a sworn report notifying you of the statutory summary suspension. After you are served, the Secretary of State will send you written notice of your suspension, which is entered 46 days after notice is sent out. See 625 ILCS 5/11-501.1
Once you receive your written notice of suspension from the Secretary of State, you have 90 days to request the suspension to be rescinded by filing what’s called a Petition to Rescind Summary Suspension. You are entitled to have a hearing on the grounds of the suspension within 30 days after you file your Petition to Rescind at the clerk’s office or your first court appearance on the DUI charge, whichever comes after.
Please know that there are filing requirements and local court rules that govern when you can file your Petition to Rescind for each county. If you do not file your Petition properly or fail to send proper notice, this could affect your chances at having your hearing within your 30-day time period. It is always best to talk to an experienced attorney who is familiar with the courthouse in the county you got arrested in to help you. Mike litigates DUIs and SS hearings in DuPage, Cook, Kane, Lake, McHenry, Will, and Kendall and is aware of the protocols for each courthouse.
Will my license be suspended even though I got arrested with a DUI but I blew under .08 or had less than the illegal amount of cannabis or drugs in my system?
If you were tested by the officer and your results were:
- BAC of more than .05 but less than .08 OR
- THC of less than either 5 nanograms or more per milliliter of whole blood OR
- 10 nano grams or more per milliliter of other bodily substance, AND
- no drugs were found in your system,
a statutory summary suspension will not apply, but the DUI charge will remain. You will have to determine how to proceed with the DUI charge and the best way to do that is by talking to an attorney.
How long will my license be suspended after charged with a DUI?
This depends if you are a first offender or not. Illinois law states that a first offender is someone who has not had a prior DUI conviction or supervision or prior statutory summary suspension in the past five (5) years or been convicted of DUI in another state in the past five years. If you have, you are NOT considered a first offender. Also, if you have a DUI-based suspension in the past five (5) years, you are not a first offender unless you submitted to testing and was found not guilty of the criminal charge. See 625 ILCS 5/11-500
1st violation:
You are considered to have committed your first DUI violation if, in the last 5 years, you have had no prior DUI convictions or supervisions/no prior suspensions/no prior out of state DUIs.
- I blew/submitted to a chemical test = 6 months suspension (eligible for an MDDP)
- I refused to submit to a chemical test = 1 year suspension (eligible for an MDDP)
(An MDDP is a Monitoring Device Driving Permit you apply for through the Secretary of State)
2nd or subsequent violation:
You are considered to have committed your second or subsequent DUI violation if, in the past 5 years, you have a prior conviction or court supervision for a DUI.
- I blew/submitted to a chemical test = 1 year suspension
- I refused to submit to a chemical test = 3 years suspension
CDL Holder:
First offender DUI = 1 year disqualification
Not a first offender DUI = lifetime disqualification
How do I reinstate my license after a statutory summary suspension time period has ended?
• You may reinstate your license at the end of the statutory summary suspension period
• You may not reinstate if you have other suspensions or revocations on your record
• If this is your first violation = pay a $250 to Secretary of State
• If this is your second or subsequent violation = pay $500 reinstatement fee to Secretary of State
Will my license be suspended if I failed to complete the field sobriety tests (FSTs)?
Yes! Not only does Illinois suspend your license for failing or refusing to submit to chemical tests, but the State will also suspend your license for failing or refusing to complete field sobriety tests. There is a possibility of having both field sobriety suspension and statutory suspension at the same time in Illinois.
If you complete FSTs and show impairment = 6 month suspension (not eligible for MDDP)
If you refuse to complete FSTs = 1 year suspension (not eligible for MDDP)
The DUI charge is also separate than these suspensions as the DUI is a criminal offense and the suspensions are civil matters. It is important to consult with an experienced attorney to help walk you through the suspension consequences on your driving privileges.
How do I reinstate my license after a field sobriety test suspension time period has ended?
• You may reinstate once the field sobriety test suspension period is terminated;
• You may not reinstate if you have other suspensions or revocations on your record;
• If this is your first violation = pay a $250 to Secretary of State
• If this is your second or subsequent violation = pay $500 reinstatement fee to Secretary of State
How do I reinstate my license if it has been revoked for DUI?
Below are the requirements to successfully reinstate your revoked license from the SOS:
• Have a clean driving record other than the DUI revocation;
• Undergo a drug and alcohol evaluation. If it is determined that you have a drug or alcohol problem, proof of treatment must be submitted to the Secretary of State;
• Complete a drug and alcohol remedial education program, even if the evaluation does not recommend it;
• Appear before a Secretary of State hearing officer which requires paying a non-refundable fee and attending a formal hearing depending on the number of violations you have;
• During the hearing, the hearing officer will look at the seriousness of the offense, your overall driving record and any efforts you’ve made to remediate your record. You must show that public safety won’t be endangered if your driving privileges are restored;
• Last, you must file proof of financial responsibility prior to reinstatement, pay a $500 reinstatement fee for each revocation, pass the driver’s license exam (written, vision and driving) and pay the appropriate application fee.
If you do have a formal hearing, you may have your attorney present to represent you as it is like a trial. Reinstating your driving privileges is a big deal and you should talk to an attorney about your options when preparing for a reinstatement of a revoked license hearing.
What if I want to challenge my Statutory Summary Suspension and try to rescind the suspension?
Whether you are a first offender or not, dealing with a suspended license is not easy and will definitely affect your job, family, and your overall quality of life. Let’s not mention the amount of money you have to spend on Ubers and/or public transportation or ask for rides, on top of court fines and mandatory fees. You always have rights to fight your case and challenge a suspension. Talking to an experienced attorney will help you determine your options as to whether you have a good case to challenge your suspension.
There are multiple grounds to challenge a statutory summary suspension and/or a field sobriety test suspension. Remember that the evidentiary standard is a preponderance of evidence, which is a low standard.
Below are a few grounds to challenge a statutory summary suspension and/or field sobriety suspension:
1) You were not driving on a public highway when pulled over and arrested
2) The grounds for stopping you were not valid
3) There was no probable cause for your arrest
4) You were given defective government forms and pleadings by the officer
5) You were not immediately served with notice of the suspension and right to a hearing by the officer
6) The officer did not read you the Warning to Motorist
7) The breath test you took was inaccurate
8) The procedures surrounding your breath test was inaccurate
9) Your 20-minute observation period was improper
10) There were improper certification or accuracy problems with the breath machine
11) There was evidence of repair or malfunction of the machine
12) The operator who administered your breath test was not competent
13) The log books maintained by the police department where they log your breath results was improperly maintained
14) The breath test machine was not approved with existing rules and regulations
15) The procedures surrounding the blood test you submitted to was improper
16) The officer did not show up to court after you subpoenaed them for the hearing
Remember, you have to look at the evidence surrounding your case and determine what grounds you have, if any, to challenge the suspension. This is not a complete list of the grounds to challenge a statutory suspension and/or field sobriety test suspension and should consult with an attorney to determine your case strengths and/or weaknesses. An experienced attorney can help you determine whether you have a chance at challenging your statutory summary suspension.
Important tips to know about a Statutory Summary Suspension:
Since this is a civil hearing and not a criminal matter:
- you have no 5th amendment right;
- the prosecutor may call you as an adverse witness to testify against yourself. If you make any incriminatory statements in this hearing, those statements may not be used by the state if you go to trial on your DUI;
- if the officer did not read you your Miranda rights and you made statements to the officer, those statements may be entered into evidence in this hearing.
Talking to an experienced attorney who has knowledge in DUI law, understands the suspension process and reinstatement process, and also knows the local court rules with respect to proper filings in your courthouse, is key when deciding whether to challenge your suspension.