License Suspension Resulting From Chemical BAC Tests

 Posted on February 06, 2023 in DUI Defense

When a driver in Illinois refuses to submit to or fails a chemical test for an alleged driving under the influence (DUI) offense, it can result in a statutory summary suspension of driving privileges. State law provides that a person fails a chemical test when they have a blood alcohol concentration (BAC) of 0.08 or more, a THC level above the legal limit, or other illicit substances in their system.

Statutory summary suspensions are automatic and become effective 46 days after the date of a suspension notice. People can request judicial hearings to challenge arrests, but the requests may not stop suspensions from taking effect. 

DUI Testing Penalties in Illinois

The statutory summary suspension is an administrative process.  A DUI criminal charge is separate from the statutory summary suspension penalties and will be prosecuted and adjudicated in the courts. 

Police officers are required to request chemical tests when there is probable cause to suspect DUI is a factor in a crash resulting in personal injury or death. Drivers who refuse to submit to chemical testing can have their driving privileges revoked for a minimum of one year, and those who are subject to chemical testing can be liable for the medical costs associated with blood tests if they are convicted of DUI. 

Failing a chemical test for the first time can result in a suspension of driving privileges for six months, but a second or subsequent failure will result in driving privileges being suspended for one year. When a person refuses to submit to chemical testing, they will have their driving privileges suspended for one year for a first offense and three years for a second or subsequent offense.

Field Sobriety Tests

Police officers who have reasonable suspicion to believe people driving or in actual 

physical control of motor vehicles are impaired by the use of cannabis can ask 

drivers to submit to standardized field sobriety tests. When a driver refuses or fails to complete standardized field sobriety tests, or if the tests disclose the driver is impaired by the use of cannabis, a field sobriety test suspension can be imposed. 

Field sobriety test suspensions are automatic and become effective 46 days after the date of a suspension notice. People can request judicial hearings to challenge suspensions, but requests do not stop suspensions from taking effect. 

People’s driver’s licenses can be suspended for both field sobriety test suspensions and statutory summary suspensions at the same time. Refusal or failure to complete field sobriety tests can lead to a suspension of driving privileges for 12 months, but submission to field sobriety tests that discloses impairment will result in a suspension of driving privileges for six months.

Contact a Cook County DUI Defense Attorney

If you were recently arrested for a DUI in Illinois following an allegedly failed chemical or field sobriety test, you will want to get legal representation on your side right away. The experienced legal team at Luisi Legal Group knows how to investigate issues in these types of cases and help people fight criminal charges. 

You can contact our skilled Chicago DUI defense lawyers at 773-276-5541 or contact our Cook County DUI attorney online to take advantage of a free consultation. We will gladly review your case with you and outline what can be done in your case.

Sources: 

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf