Illinois Lawyer Referrals and Legal Guidance
Statutory Summary Suspension
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As part of our service we provide general information on Illinois law. This page is an overview of the statutory summary suspension rules.
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/her license will be suspended. For first time offenders, there is a mandatory suspension of 3 months. If the driver receives a second DUI within 5 years there is a mandatory suspension of 12 months. Any more alcohol offenses within 5 years will result in 12 months suspensions. For example, if a driver takes a BAC test and it comes back .09 percent, in addition to criminal penalties, his/her license will be suspended for 3 months.
If a driver refuses to take an alcohol or drug test, his/her license will be suspended. For first time offenders, there is a mandatory suspension of 6 months. If the driver refuses a test and had a previous alcohol offense in the past 5 years, there is a mandatory 36 month suspension. Subsequent offenses will result in 36 month suspensions.
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.
A Judicial Driving Permit (JDP) may be available after 30 days of suspension for first time offenders and for those who have not had a violation in 5 years. For those who have been convicted of an alcohol related offense within 5 years, a Restricted Driving Permit (RDP) may be available. These permits may allow the offender to drive to work, school, or medical treatment. The court will require a drug or alcohol evaluation and documentation proving the need for a driving permit
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.
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