Summary Suspension

The Facts About Statutory Summary Suspension

What is a statutory summary suspension?

Statutory summary suspension is the suspension of your driver’s license resulting from:

  • Refusing to submit to chemical testing when arrested for driving under the influence (DUI); or
  • Failing chemical testing when arrested for DUI. A failed test is a finding of a blood alcohol content (BAC) of .08 or higher, or any amount of substance resulting from the unlawful use of a controlled substance, medical marijuana or intoxicating compound.

Statutory summary suspension is separate from the DUI charge. It is automatic and begins on the 46th day from the date of the suspension notice. The suspension period varies depending on the situation, but can range from 6 months to 12 months. This suspension is not handled in the criminal justice system; rather, it is an administrative issue through the Illinois Secretary of State’s office.

What does it mean to be summarily suspended?

A statutory summary suspension is the suspension of driving privileges. If you are summarily suspended it means that you will not be able to legally drive your car during the suspension period. Driving on a suspended license is a criminal offense and can be charged as a class A misdemeanor or a felony depending on the circumstances.

What is the legal alcohol limit in Illinois?

For adults 21 years of age or older, it is illegal to drive with a BAC of .08 or higher. There is a zero tolerance policy for anyone under the age of 21. Any amount of alcohol found in a driver under the age of 21 will result in a DUI charge. Additionally, it is illegal to drive after ingesting a controlled substance, medical marijuana or any other intoxicating substance.

When does the statutory summary suspension end?

After the minimum period of suspension, you can pay the $250 reinstatement fee to end the suspension. Once the fee has been paid, and your driving record is updated, the suspension is complete. During your suspension, your driver’s license is held by the court. You will need to contact the court to get your driver’s license returned. A subsequent suspension doubles the reinstatement fee. $500 will have to be paid before the your driver’s license is reinstated.

Can I get driving relief for a statutory summary suspension?

Depending on the circumstances of the offense, you may be eligible for a Monitoring Device Driver’s Permit (MDDP). You will need to fill out the appropriate application and submit it to the Illinois Secretary of State’s office for approval. If it is approved, you will need to install a Breath Alcohol Ignition Interlock Device (BAIID) on your car within the 14 day time period. You will be responsible for all fees. An MDDP is effective on the 31st day of the suspension.

A MDDP is NOT available if:

  • You are under 18 years old.
  • Your driver’s license is invalid for another reason.
  • Death or bodily harm resulted from the DUI.
  • You have a previous conviction of reckless homicide or aggravated DUI that result in death.

Additionally, if your commercial driver’s license (CDL) was revoked or suspended, the MDDP does not allow you to drive a commercial vehicle.

Can a Chicago DUI lawyer help me with a statutory summary suspension?

Yes. Whenever you get arrested for DUI, it is in your best interest to hire a Chicago DUI lawyer to help you with the process. The Chicago DUI lawyers at Tower Legal can help you with all aspects of your DUI charge, including your statutory summary suspension. Even if you are cleared of the DUI charges, you still have to deal with the statutory summary suspension since it is a separate administrative issue. The Chicago DUI lawyers at Tower Legal can handle this separate administrative issue and get you safely back on the road as soon as possible. Call our office today to learn more about how we can help you resolve a statutory summary suspension.