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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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DuPage County criminal law attorney, license suspensionMistakes occur regularly. Sometimes we forget to do something extremely important, like renewing our car registration on time or paying a ticket. Occasionally, we can become lost in thought and miss a speed traffic sign. However, if these things are overlooked time and again, the suspension of your driver's license or even the revocation of your driving privileges may result. Therefore, it is important to understand the various circumstances that, if handled incorrectly, could result in the loss of all driving privileges, either for a short time or indefinitely.

How Suspension Occurs

In Illinois, there are a variety of reasons that may result in the suspension of your driving privileges. Moreover, it may be surprising to discover that violations do not necessarily need to occur while you are driving, nor do they have to be vehicle related at all. A driver’s license may be taken away for the following reasons:

  • Traffic Violations: Three or more violations are received within a 12 month (one year) period;
  • Failure to Appear in Court: or otherwise take care of your traffic citation on or before your court date;
  • Parking Violations: 10 or more parking violations;
  • Failure to Pay Child Support: The “Deadbeats Don’t Drive” Act makes it possible for your license to be suspended due to non-payment of court ordered child support payments;
  • Tollway Violations: If you do not pay your tollway fees, you will be susceptible to violations and more than five violations, you may be facing suspension;
  • Safety Responsibility: If the Illinois Secretary of State (SOS) finds you at fault for an accident and you do not have liability insurance, you may then face up to two years of license suspension;
  • Underage Drinking: The legal drinking age is 21 years of age; 
  • Use of a Fake ID: This is a serious charge and may result in suspension among other consequences; and
  • DUI: A conviction of a DUI either due to alcohol, drugs, or even prescription medication can be penalized with a suspension. 

Penalties

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