Understanding Illinois’ Statutory Summary Suspension Laws

 Posted on July 30, 2018 in DUI Defense

When you get your driver’s license in Illinois, you are agreeing to a number of things, such as carrying insurance when you drive, obeying all traffic laws and driving in a safe manner. What some Illinois drivers may not know is that when they obtain a driver’s license, they are also giving their implied consent to be subject to a chemical test, such as a test of the blood, breath, urine or other bodily substance, which is used to determine whether or not the driver is under the influence of alcohol or other drugs. When drivers are arrested for DUI and refuse to submit to these tests, they are subject to a statutory summary suspension of their driving privileges.

What Is a Statutory Summary Suspension?

In Illinois, when a driver is arrested for DUI and refuses to submit to chemical testing or fails a chemical test, he or she will automatically have their driving privileges suspended. Failing a test means that their blood-alcohol content (BAC) measured at a .08 or over or the THC content was either 5 or more nanograms per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance. A statutory suspension is not a punishment for a DUI conviction--consequences for a conviction would be added to the suspension. Even if you challenge the arrest in court, the suspension is still in effect.

Length of Summary Suspensions

The length of time that a driver's’ privileges are suspended depends on the actions of the driver and whether or not it is the driver’s first offense.

Failed Chemical Test

For a first offense of failing a chemical test, driving privileges will be suspended for six months. For a second or subsequent offense, driving privileges will be suspended for one year.

Refusing Chemical Testing

Refusing a chemical test gets you a stricter suspension than if you simply failed the chemical test. First-time offenders of refusing chemical testing receive a suspension of one year and a second or subsequent offense gets your privileges suspended for three years.

Contact a Chicago DUI Defense Attorney

Drinking can be a fun activity, especially if you are socializing with your friends, but the moment you decide to sit behind the wheel of the car, you are choosing to risk your life and others’. DUI charges are serious and need to be handled by an experienced and knowledgeable Lincolnwood DUI defense lawyer. The attorneys at the Luisi Legal Group specialize in DUI cases and can help you protect your freedoms in DUI proceedings. Contact the office at 773-276-5541 to set up a consultation.

Source:

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