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Wheaton IL statutory suspension lawyerIn Illinois, driving while you are under the influence of drugs or alcohol can get you into a lot of trouble. Criminal charges and related consequences are not the only things that you can look forward to after you are arrested for DUI. In certain situations, you can also face administrative penalties for a DUI charge, which can affect your day-to-day life without even being convicted of a crime. The most notorious administrative penalty for DUI is what is called a statutory summary suspension. This can affect your ability to freely drive following a DUI arrest and can make your life more difficult than it needs to be. Statutory summary suspensions can be fought, but it takes a knowledgeable Illinois DUI lawyer to succeed in a case.

What Is a Statutory Summary Suspension?

At its core, a statutory summary suspension is an administrative action that is carried out by the Illinois Secretary of State’s Office that can automatically suspend your driving privileges after you fail, refuse to submit to or fail to complete a chemical test to determine your BAC during a DUI arrest. A statutory summary suspension is an administrative action, meaning it is separate from any other criminal action you may experience.

Implied Consent in Illinois

Most states -- including Illinois -- have implied consent laws, which basically means that any person who holds an Illinois driver’s license and operates a motor vehicle on Illinois roadways has been deemed to have given consent to chemical testing of their breath, blood or urine to determine his or her alcohol concentration.

Failing a Chemical Test

Failing a chemical test to determine your BAC means that your BAC was .08 or more or there were 5 nanograms or more of THC (the active ingredient in marijuana) per milliliter of blood, or a trace of any other drug. Failing a chemical test for a first-time offender means that person will face a six-month driver’s license suspension. If this is the person’s second or subsequent offense within the past five years, they will face a one-year driver’s license suspension.

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IL DUI lawyerWith 27,000 DUI arrests and 330 alcohol-related crash deaths in Illinois in 2017, you can understand why law enforcement and the courts take drunk driving offenses so seriously. Still, the State of Illinois also knows people can make one bad decision that should not necessarily devastate their life.

With that in mind, the state has options available for first-time offenders and other individuals who qualify so they can still earn a living and largely maintain their previous daily routine. One option is a breath alcohol ignition interlock device (BAIID), which around 12,000 Illinois residents have in their car at any given time.

BAIID Devices in Illinois

A BAIID is a breathalyzer device that tests a driver’s blood-alcohol content (BAC) and captures an image of the driver behind the wheel. If the driver registers a BAC of anywhere from .000 to .024, the vehicle’s ignition will function as desired. Anything .025 and above, it will not start. In addition to a test to initially start the vehicle, other tests are required at random intervals during each trip.

To be eligible for a BAIID, an individual cited for DUI must first apply for a monitoring device driving permit (MDDP). If granted, the BAIID is then installed in their vehicle for the duration of their court-supervised driver’s license suspension.

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