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Statutory Summary Suspension
A Statutory Summary Suspension is a driver’s license suspension. It typically occurs when a driver is arrested for driving under the influence (DUI) and fails a blood alcohol concentration test or illegal drug test. A driver’s blood alcohol concentration (BAC) must be .08 percent or higher to receive a Statutory Summary Suspension. A Statutory Summary Suspension will also occur if a driver refuses to take an alcohol or drug test. This suspension is automatic and separate from the criminal penalties that will follow a DUI conviction.
If a driver fails a drug or alcohol test, his or her driver’s license will be suspended. For first offenders, there is a mandatory suspension of six months. If the driver is not a first offender, there is a mandatory suspension of 12 months. For the purposes of statutory summary suspension, “first offender” means no DUI in the last five years. This is different from the definition of first offender in a criminal case.
If a driver refuses to take an alcohol or drug test at the police station, his or her license will be suspended. For first offenders, there is a mandatory suspension of 12 months. If the driver refuses a test and has had a previous alcohol offense in the past 5 years, there is a mandatory 36-month suspension.
Statutory Summary Suspensions occur automatically 45 days after the notice of suspension. The suspension takes place even if the DUI is being challenged in court and does not substitute criminal penalties that may result from a DUI conviction. This means that after receiving a DUI, the driver can drive for 45 days before the Statutory Summary Suspension goes into effect.
For fist time offenders, there is an option available for driving during a suspension. What used to be called a Judicial Driving Permit (JDP) is now a Monitoring Device Driving Permit (MDDP). After 30 days of suspension, a driver may be eligible. It requires them to have a device installed in their car. This device, called a BAIID, checks a driver’s breath alcohol concentration before starting the ignition.
A driver with a commercial driver’s license (CDL) who receives a Statutory Summary Suspension for the first time will have his/her CDL privileges suspended for 12 months. If a CDL holder receives a second DUI, he/she will no longer be allowed to hold a CDL in Illinois.
Although everything we have written on this page is what the law is in Illinois, please note that there is no guarantee as to what will happen. A good Illinois traffic defense lawyer can often get the suspension terminated and allow you to fully keep your driving privileges or reduce the time during which you are suspended.
If you would like our help in finding an Illinois traffic attorney or if you have any questions please do not hesitate to contact us. All calls are free and confidential.