In this blog, I’ll explain how this happens, what the Statutory Summary Suspension is, and how you can fight to keep your driving privileges. If you’ve been arrested for DUI in Illinois, understanding these issues is absolutely critical, and hiring an experienced criminal defense attorney can make all the difference in protecting your license and your future.
What Is a Statutory Summary Suspension?
In Illinois, when you are arrested for DUI, the Secretary of State can suspend your driver’s license independently of what happens with the criminal DUI charge. This suspension is called a Statutory Summary Suspension. It’s an administrative action, not a criminal penalty, and it goes into effect automatically 46 days after your DUI arrest, unless you successfully challenge it.
This means that even if your DUI case is dismissed, or you are found not guilty in court, your license can still be suspended if you didn’t take action to fight the summary suspension.
Why Does This Happen?
Illinois law requires drivers who are arrested for DUI to either submit to chemical testing (breath, blood, or urine) or face consequences for refusing. These consequences kick in even before your case gets to trial.
If you fail a chemical test—meaning your BAC is 0.08 or higher, or you test positive for drugs—you face a 6-month suspension for a first offense (12 months if you are a repeat offender).
If you refuse to take the test, your suspension is even more severe: 12 months for a first offense, and 3 years if you’ve had a prior DUI.
This suspension is automatic and independent of whether you’re ultimately found guilty or innocent in court. The idea is that driving is a privilege, not a right, and the state has an interest in removing impaired drivers from the road quickly.
Fighting the Statutory Summary Suspension
The good news is that you can fight the Statutory Summary Suspension—but you have to act quickly. After your arrest, you (or your attorney) must file a Petition to Rescind the Statutory Summary Suspension. This petition challenges the legality of the suspension and gives you an opportunity to have a hearing before a judge.
At this hearing, the judge will determine whether the police followed proper procedures. Common defenses include:
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Lack of reasonable suspicion or probable cause for the initial traffic stop.
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Improper arrest procedures or failure to inform you of your rights.
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Inaccurate test results or problems with how the breathalyzer was administered.
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Unlawful request for chemical testing.
If your petition is successful, the suspension will be rescinded and you will retain your driving privileges—even if your DUI case is still pending.
However, if you fail to file this petition, or if the court denies it, your license will be suspended according to the statutory schedule, regardless of the outcome of your DUI case.
Why You Need a DUI Attorney Immediately
Time is of the essence when it comes to DUI arrests in Illinois. The Statutory Summary Suspension goes into effect just 46 days after your arrest. That means you and your attorney need to act fast to file the petition and schedule your hearing. Waiting too long can result in automatic suspension without a chance to fight it.
This is why it’s critical to hire a criminal defense attorney who specializes in DUI cases. At James Dimeas, Criminal Defense Attorney, I’ve spent over 32 years fighting DUI charges in Cook County, DuPage County, Kane County, and Lake County. I know the local courts, the judges, and the prosecutors—and I know how to build a strong defense that protects your rights and your license.
Can a DUI Suspension Be Removed After a Not Guilty Verdict?
Even if you are found not guilty in your DUI case, your license suspension will not automatically be lifted unless you’ve already won your Statutory Summary Suspension hearing.
The criminal case and the summary suspension are two separate legal tracks. A victory in one does not guarantee success in the other.
However, if you are acquitted of the DUI, it may be possible to go back and challenge the suspension after the fact, depending on the circumstances. But this can be an uphill battle and is not always successful.
That’s why it’s best to challenge the summary suspension as soon as possible—ideally, right after your arrest.
What If You Need to Drive for Work or School?
If your license is suspended under the summary suspension, you may be eligible for a Monitoring Device Driving Permit (MDDP). This permit allows you to drive during the suspension period with a BAIID (Breath Alcohol Ignition Interlock Device) installed in your vehicle.
However, this option is only available to first-time offenders. If you have prior DUIs or suspensions, your options may be limited, and the penalties can be much harsher.
An experienced DUI lawyer can help you explore these options and apply for relief so you can keep your job and maintain your responsibilities.
Key Takeaways
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Your license can be suspended in Illinois even if you are found not guilty of a DUI due to the Statutory Summary Suspension.
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This suspension is automatic and happens 46 days after your arrest unless you challenge it.
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The summary suspension is separate from your criminal DUI case.
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You must file a Petition to Rescind to challenge the suspension in court.
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Hiring an experienced DUI attorney is essential to protecting your license and fighting both the suspension and the criminal charges.
Don’t Wait—Contact James Dimeas Today
If you’ve been arrested for DUI in Illinois, don’t assume that a not guilty verdict is all you need. Your license could still be at risk—and the clock is ticking.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling DUI cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
Call 847-807-7405 or fill out our online form for a confidential consultation to learn more about DUI defense in Illinois and how I can help.
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