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Illinois Statutory Summary Suspension Law
The Illinois Statutory Summary Suspension Law governs the automatic suspension of driving privileges for individuals arrested for driving under the influence (DUI). Enacted on January 1, 1986, the law operates under the principle of implied consent. According to 625 ILCS 5/11-501.1, any individual who operates or is in actual physical control of a motor vehicle on a public roadway is deemed to have consented to chemical testing if arrested for DUI.
Notice of a Summary Suspension
Upon arrest for an Illinois DUI, a motorist is asked to submit to chemical testing of breath, blood, or urine. Refusal to comply with testing, or failure of the test, triggers a statutory summary suspension of Illinois driving privileges.
Notice of the suspension is typically issued on the date of arrest, often by serving the motorist directly. In cases where chemical test results are delayed due to laboratory analysis, notice may be given at a later date.
The suspension takes effect on the 46th day following the date notice is provided. There is a ninety-day window to file a petition to challenge the suspension in court pursuant to 625 ILCS 5/2-118.1. The suspension is not stayed while being fought in court. The suspension takes effect automatically, regardless of whether a challenge is pending.
Length of Suspension: First Offender Versus Multiple Offender
The duration of a statutory summary suspension depends on the individual’s prior DUI history and whether chemical testing was refused or failed.
Definition of First Offender
Under 625 ILCS 5/11-500, a first offender is defined as an individual who has not received a DUI disposition, including supervision or conviction, within the past five years.
- First offenders who fail chemical testing are subject to a six-month suspension
- First offenders who refuse testing face a twelve-month suspension
Definition of Multiple Offender
An individual with a DUI disposition within the preceding five years is considered a multiple offender.
- Multiple offenders who fail chemical testing are subject to a one-year suspension
- Multiple offenders who refuse testing face a three-year suspension
During the suspension period, eligible multiple offenders may apply for a Restricted Driving Permit through a hearing with the Illinois Secretary of State, pursuant to 625 ILCS 5/6-208.1.
Summary Suspension Versus Criminal DUI Charge
The statutory summary suspension is a civil administrative sanction, distinct from the criminal DUI charge. Although both proceedings often occur simultaneously in court, each involves separate legal standards and consequences. The key differences between the two are as follows:
- A summary suspension does not carry the potential for jail time or criminal fines. It is an administrative penalty that involves the temporary loss of driving privileges during the suspension term.
- A DUI charge is criminal in nature and may result in fines, imprisonment, court-ordered treatment or other requirements. A DUI conviction will result in the revocation of Illinois driving privileges.
If eligible, a person can avoid driver’s license revocation for DUI if they are given court supervision. Only one supervision is permitted in a lifetime for a DUI criminal charge. A DUI conviction will cause a license revocation, which does not expire automatically. A revoked individual must undergo the Secretary of State’s formal hearing process to regain driving privileges, per 625 ILCS 5/6-205.
An individual may experience conflicting outcomes in the civil and criminal matters. For instance, a summary suspension may be rescinded while the criminal charge results in a conviction. Conversely, a dismissal of the DUI charge does not automatically terminate a summary suspension if it was not rescinded through the proper legal process.
Challenging a Statutory Summary Suspension
Legal Grounds for Challenge
A statutory summary suspension may be challenged by filing a Petition to Rescind in the circuit court where the DUI charge is pending. Grounds for rescission are limited and set forth in 625 ILCS 5/2-118.1. These include:
- Whether the arrest was for a qualifying offense under Section 11-501 or similar ordinance
- Whether the officer had reasonable grounds to believe the individual was under the influence
- Whether the individual was properly warned and refused testing
- Whether the test revealed an unlawful alcohol or drug concentration
- Whether the individual caused a Type A injury or fatality while revoked
Timing and Procedure
A petition must be filed within ninety days of receiving notice of the suspension. Filing procedures and documentation requirements may vary by county. Proper service, attachment of required reports, and compliance with local rules are essential to avoid procedural dismissal.
Given the limited scope of these hearings and the complexity involved, legal representation is highly recommended to properly assess grounds, ensure compliance with filing procedures, and argue the case effectively in court.
Alternatives to Rescission of Summary Suspension
Monitored Device Driving Permit (MDDP)
First offenders may be eligible to apply for a Monitored Device Driving Permit. This permit allows unrestricted driving during the suspension period, provided the individual installs and uses a Breath Alcohol Ignition Interlock Device (BAIID) from an approved provider.
Eligibility is governed by 625 ILCS 5/11-500 and 92 ILCS 1001.444. An individual is generally considered eligible if there has been no prior DUI disposition within the past five years. The Secretary of State will mail notification to eligible individuals with application instructions.
A person may request an exemption from BAIID requirements for employer-owned vehicles at the time of application. Employer exemptions are subject to restrictions and are generally limited to twelve hours per day, six days per week.
The Secretary of State charges a monthly administration fee of thirty dollars, payable in full at the beginning of the permit term. This fee does not cover installation and monitoring charges by the BAIID provider. Financially eligible applicants may apply for indigency status by submitting proof of income in relation to federal poverty guidelines.
Violations of MDDP terms, including tampering or failed tests, may result in penalties such as cancellation or extension of the permit. If the BAIID Division requests an explanation of a reading, a permittee must submit their response within 21 days. It is strongly advised that a permittee consult with legal counsel before responding to any request for explanation.
Restricted Driving Permit (RDP) After Secretary of State Hearing
Individuals who do not qualify for an MDDP, or whose driving privileges have been revoked, may seek a Restricted Driving Permit for hardship by petitioning the Secretary of State. Eligibility typically begins once the underlying DUI case is adjudicated.
A hardship permit limits driving to specific purposes, including:
- Employment
- Education
- Medical appointments
- Support group attendance
- Community service
- Daycare
Prior to the hearing, petitioners must complete an alcohol and drug evaluation within six months of the hearing date, as well as any recommended treatment. A petitioner may be required to submit additional documents, such as character letters or proof of hardship. The required documents depend on the nature of the case and a petitioner’s risk classification.
License reinstatement hearings are complex, and a revoked driver should consult with an experienced attorney before proceeding. A driver’s license attorney can assist with obtaining the correct documentation, crafting a strong legal strategy, and reviewing testimony prior to a hearing. An attorney is also essential during a hearing to present the case in the best possible light, while protecting the legal rights of their client.
Helping Drivers Regain Privileges Across Illinois
Wirth Law focuses on assisting revoked and suspended drivers in Illinois with restoring their driving privileges. Our Chicago firm has significant experience obtaining permits from the Illinois Secretary of State, including during the period of a statutory summary suspension.
We offer free consultations to determine whether the firm can help in a specific case. Contact Wirth Law at 312.761.8290 or email jennifer@wirthlaw.org.
Wirth Law has been recognized for exceptional client service, with honors such as the Avvo Client Choice Award, the Martindale-Hubbell Client Champion Award, and inclusion in Expertise.com’s Best DUI Lawyers in Chicago.
During the consultation, each case is carefully evaluated by our firm. If we can assist, a fixed rate quote is provided for legal services, along with a clear explanation of the process, the expected timeline, and what steps are required to present the best possible case at a licensing hearing.