I’ve been handling DUI cases throughout Illinois for over 27 years. I have probably handled thousands of DUIs in my 27 years of being a criminal defense attorney. Looking back at all of the years and all of the cases that I have handled, I can tell you that most people charged with a DUI do not realize that they are probably looking at a mandatory suspension of their license in Illinois. For many people, this mandatory suspension of their license will have the greatest impact on their lives. It will affect their ability to get to and from work, and may even cause them to lose their job. This mandatory suspension, is called the Statutory Summary Suspension. Let’s talk about what the Statutory Summary Suspension is, at what it means for your DUI case.
Illinois has an implied consent law. This means that by virtue of the fact that you are operating a motor vehicle on a public highway in the State of Illinois, you are deemed to have consented to having your breath, blood, or urine, tested whenever a police officer has a reasonable grounds to believe that you may be Under the Influence of Alcohol. Illinois law provides that you are deemed to have consented to such testing by driving on a public roadway in Illinois. If you have an out-of-state license, Illinois cannot suspend your out-of-state license, but they can suspend your driving privileges in Illinois. If a police officer requests that you take a breath, blood, or urine test, and you refuse, your Illinois drivers license will be suspended for 1-year if you are a first offender. If you take a breathalyzer test, and your blood alcohol level was .08 or above, your license will be suspended for 6-months if you are a first offender. This is what is known as the Statutory Summary Suspension. The Statutory Summary Suspension will start 46 days after your DUI arrest. If you are an out of state resident, your right to drive in Illinois will be suspended for 6-months, or 1-year, depending on whether you took a breathalyzer test or whether you refused.
The Statutory Summary Suspension penalty in a DUI case is separate and distinct from the DUI charges. The Statutory Summary Suspension process is a civil case that is between you and the Illinois Secretary of State. The actual DUI charges are criminal in nature and are between you and the People of the State of Illinois. The Statutory Summary Suspension process only involves your drivers license or your driving privileges in the State of Illinois. The DUI charges are criminal in nature and can result in criminal penalties and monetary fines and court costs.