Fighting a Statutory Summary Suspension of Your Illinois Driver’s License

 Posted on November 06, 2017 in DUI

Being arrested for allegedly driving under the influence (DUI) can have serious criminal consequences, such as jail time and hefty fines, but did you know there are non-criminal penalties as well? These penalties, otherwise known as collateral consequences, are not imposed by the court but they can still have a significant impact on your life.

Perhaps the biggest impact is felt under the statutory summary suspension law, which states that your license may be automatically suspended if you refuse to submit a chemical test or test above the legal limit. Although this is technically a violation of your Constitutional rights, the statutory summary suspension created a loophole that enables an unlawful invasion of your privacy. It indicates that all road users give implied consent to chemical testing because they are using highways and streets that belong to and are maintained by the government. Thankfully, you can fight back against this suspension. Learn how and discover what an experienced attorney can do to help.

Statutory Summary Suspensions

Statutory summary suspensions do not cause an automatic loss of your driving privileges. Instead, you are given notice, typically at the time of your arrest. Unless you contest the statutory summary order, your suspension begins on the 46th day after receiving the notice. An experienced attorney can help you fight the suspension but act quickly! Your petition to rescind the order must be filed within 90 days of receiving notice of the suspension. Untimely petitions will not be considered by the courts.

Challenging a Statutory Summary Suspension

In the criminal courts, DUI defendants are presumed guilty until otherwise proven innocent. Sadly, this is not the case when dealing with a summary suspension. Statutory summary suspensions are carried out by the Secretary of State. That makes it a civil penalty, not a criminal one, so to be successful at challenging a summary suspension, you must establish that your license was wrongfully suspended under the law. You can do this by establishing that:

• The arresting officer failed to properly issue a citation for a DUI offense;
• The alcohol content of your breath, blood, or urine was under the legal limit;
• The arresting officer did not have probable cause to stop you, arrest you, or request chemical testing;
• You did not refuse chemical testing; or
• The arresting officer failed to read the “Warning to Motorists” before administering a breath test. 

Our DuPage County Criminal Defense Lawyers Can Help

If you or someone you love is facing a statutory summary suspension and DUI charges, contact Davi Law Group, LLC for assistance. Our seasoned DuPage County criminal defense lawyers will fight in your favor, aggressively representing your best interests every step of the way. Start by scheduling a personalized consultation. Call 630-580-6373 today.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf