Understanding Illinois’ Statutory Summary Suspension for DUI Offenders
In 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.
Refusing a Chemical Test
If you refuse to take a chemical test, you will face harsher consequences than if you failed the test. A first offense of refusing to take a chemical test will result in a one-year driver’s license suspension. If the person has previously committed this offense within the past five years, he or she will face a three-year driver’s license suspension.
Contact Our DuPage County DUI Defense Lawyer
When you get your Illinois driver’s license, there are many things you have agreed to do -- including submitting to a chemical test to determine your BAC. If you are facing consequences related to a failed chemical test or you refused to take a chemical test, a knowledgeable Wheaton, IL DUI defense attorney can help. At the Davi Law Group, LLC, we can help you fight your statutory summary suspension, as well as the criminal charges you may be facing for DUI. Call our office today at 630-580-6373 to schedule a free consultation.