If you have been arrested for DUI in Illinois, you may receive a notice that your driver's license or driving privileges will be suspended even though you have not been convicted of DUI.
This is called a statutory summary suspension.
A statutory summary suspension is an administrative consequence of a DUI arrest. It is separate from the criminal DUI prosecution, and it can take effect even while the criminal case is still pending. The Illinois Secretary of State currently explains that a statutory summary suspension generally begins on the 46th day after the suspension notice is given.
The important point for someone facing a suspension is this:
A statutory summary suspension can be challenged.
Illinois law provides a procedure through which a driver can request a judicial hearing and ask the court to rescind the suspension or revocation. But the available grounds are limited, and the deadlines matter.
What Is a Statutory Summary Suspension?
Illinois has an implied-consent law governing chemical testing following certain DUI arrests.
Under 625 ILCS 5/11-501.1, a person who drives or is in actual physical control of a motor vehicle on Illinois public highways is deemed to have given consent to chemical testing under the circumstances specified by the statute.
A statutory summary suspension can generally arise when:
A driver refuses to submit to chemical testing;
A driver fails to complete requested testing; or
A completed chemical test produces a result meeting the statutory requirements.
The Illinois Secretary of State currently identifies, among other circumstances, a BAC of .08 or more, specified THC concentrations, or certain drug-related results as grounds for a statutory summary suspension.
The suspension is not the same thing as a DUI conviction.
You can therefore have:
A criminal DUI case + a statutory summary suspension
at the same time.
The two proceedings need to be evaluated separately.
When Does the Suspension Take Effect?
A statutory summary suspension generally takes effect on the 46th day after the notice of suspension is given.
Illinois law expressly provides that the suspension or revocation takes effect on the 46th day following the date the notice was given.
The Secretary of State similarly explains that the suspension begins 46 days after the driver receives the notice.
That 45-day period is important.
It gives the driver and attorney an opportunity to examine the basis for the suspension and determine whether a judicial hearing should be requested.
It does not, however, mean that you should wait until the 45th day to start investigating the case.
Police reports, chemical-testing records, sworn reports, videos, and other evidence should be reviewed as soon as possible.
How Do You Challenge a Statutory Summary Suspension?
Illinois law provides a specific procedure for requesting a judicial hearing.
Under 625 ILCS 5/2-118.1, a person may make a written request for a judicial hearing within 90 days after the statutory summary suspension or revocation notice is served. The request must state the grounds upon which the person seeks rescission.
The hearing is conducted in the circuit court having jurisdiction.
The statute provides that the hearing generally must occur within 30 days after the court receives the written request, or by the first appearance date on the DUI ticket, whichever applies under the statute.
There is an important catch:
Filing the hearing request does not automatically stop the suspension.
Illinois law specifically provides that the request for a judicial hearing does not stay or delay the statutory summary suspension or revocation.
In other words, requesting a rescission hearing does not automatically give you permission to continue driving after the suspension becomes effective.
That distinction is extremely important.
What Does the Judge Actually Decide?
A statutory summary suspension hearing is not simply a mini DUI trial.
The Illinois statute limits the scope of the hearing to specific issues.
Depending upon the circumstances of the suspension, the court can consider whether:
The person was placed under arrest for an offense defined in the DUI statute or a similar local ordinance;
The officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while under the influence;
The person refused or failed to complete the requested chemical testing after receiving the required warning; or
The person submitted to testing that disclosed a result meeting the statutory requirements.
Additional statutory provisions apply in certain cases involving crashes resulting in Type A injury or death.
This limited scope is one of the most important things to understand about a rescission hearing.
The question is not simply:
“Was the driver guilty of DUI?”
The question is whether the statutory requirements for the suspension or revocation were satisfied.
Ground One: Was There Actually a DUI Arrest?
One issue at a statutory summary suspension hearing is whether the driver was actually placed under arrest for an offense covered by the statute.
The statute specifically identifies the arrest as one of the matters within the scope of the judicial hearing.
This makes the circumstances surrounding the arrest important.
The paperwork, Uniform Traffic Ticket, police reports, and other documentation may need to be reviewed to determine exactly what occurred.
Ground Two: Did the Officer Have Reasonable Grounds?
Another statutory issue is whether the officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle while under the influence.
This can make the events before the chemical test extremely important.
For example, the attorney may need to examine:
Why the vehicle was stopped;
Whether the officer observed the vehicle in motion;
What the officer observed about the driver's operation of the vehicle;
Statements allegedly made by the driver;
Field sobriety testing;
The officer's observations;
Whether there were alternative explanations for the observations; and
What information the officer actually possessed before requesting chemical testing.
A chemical-test result does not necessarily answer the question of whether the officer had reasonable grounds at the relevant point in the investigation.
The timeline matters.
Ground Three: Was There Actually a Refusal?
Refusal cases can present their own set of questions.
The State may contend that a driver refused chemical testing.
But what exactly happened?
For example:
Was the test clearly requested?
Was the driver given the required warning?
Did the driver actually refuse?
Did the driver attempt to comply?
Did the driver fail to complete the test?
Was there a physical or medical issue affecting the test?
Did the driver misunderstand what was being requested?
Does the officer's report accurately describe what occurred?
The statutory hearing specifically permits the court to consider whether the person, after being properly advised of the consequences, refused or failed to complete the requested testing.
That means the circumstances surrounding the alleged refusal can matter.
Ground Four: Did the Chemical Test Actually Meet the Statutory Requirements?
A failed chemical test can also result in a statutory summary suspension.
But the mere existence of a test result does not mean that every potential legal issue has disappeared.
The relevant questions may include:
What type of test was administered?
What sample was tested?
When was the sample collected?
What result was reported?
What did the officer's sworn report state?
What warnings were given?
Was the test completed?
Does the evidence establish the facts necessary for the particular statutory suspension?
The applicable statutory threshold can also depend upon the substance tested and the circumstances of the case. Illinois currently provides specific rules concerning alcohol, THC, and certain other drugs or intoxicating compounds.
An attorney should therefore examine the actual testing evidence rather than simply assuming that a reported number ends the analysis.
What If the Police Report Is Wrong?
Police paperwork is important in statutory summary suspension cases.
Illinois law requires a sworn report from the arresting officer, and the statute specifically addresses situations in which the sworn report is defective because it does not contain sufficient information or was completed in error.
A defective report can affect the Secretary of State's confirmation process.
But not every error automatically requires rescission.
The significance of an error depends upon what the error is, what the statute requires, and whether the defect affects an issue material to the suspension.
That is why a lawyer should review the actual documents rather than relying upon a general assumption that a mistake either does or does not matter.
Can the Police Officer Be Required to Appear?
Potentially, yes.
Illinois law provides that the judicial hearing may be conducted by reviewing the law enforcement officer's official reports. However, the person requesting the hearing may subpoena the officer. The statute also addresses the circumstances under which an officer's failure to answer a subpoena may support a continuance.
Whether subpoenaing an officer is appropriate is a case-specific strategic decision.
The existence of the subpoena procedure does not mean that every suspension hearing requires live testimony.
In some cases, the reports may provide the necessary evidence. In others, testimony may be important.
What Evidence Should Your Attorney Review?
A statutory summary suspension case should not be evaluated solely from the suspension notice.
Depending upon the circumstances, an attorney may want to review:
The arrest report;
The sworn report;
The Uniform Traffic Ticket;
Notice of statutory summary suspension;
Chemical-testing records;
Breath-test records;
Blood or urine testing records;
Field sobriety testing evidence;
Dash-camera footage;
Body-worn-camera footage;
911 calls;
Dispatch records;
Witness statements;
Medical records when relevant;
Other documentation concerning the arrest and testing.
The evidence that matters will depend upon the particular case.
The objective is to reconstruct what happened and then compare those facts against the statutory requirements.
Does Winning the Rescission Hearing Dismiss the DUI?
Not necessarily.
This is another important distinction.
A successful challenge to the statutory summary suspension addresses the administrative driving consequence.
It does not automatically determine the outcome of the criminal DUI charge.
Likewise, resolving the criminal DUI charge does not necessarily mean that a previously imposed statutory summary suspension automatically disappears.
The two proceedings can affect one another, but they are legally distinct.
That is why a DUI attorney should consider the driver's license issue and criminal case together from the beginning.
What Happens If the Court Rescinds the Suspension?
If the court determines that the statutory requirements for the suspension or revocation were not satisfied, the court can rescind the statutory summary suspension or revocation.
The statute requires the circuit court to notify the Secretary of State following the hearing.
The practical effect on the driver's record and driving privileges should then be confirmed.
It is important to distinguish this from simply waiting for the suspension period to expire.
A rescission is a challenge to the suspension itself.
What If the Court Sustains the Suspension?
If the court sustains the suspension, the administrative suspension remains in effect.
Depending upon the circumstances, other forms of driving relief may be available.
For example, the Illinois Secretary of State identifies the Monitoring Device Driving Permit as an option that may be available to certain first-time offenders. A qualifying driver can use the permit with a required Breath Alcohol Ignition Interlock Device.
Eligibility depends upon the driver's circumstances and statutory requirements.
An attorney should therefore evaluate potential driving relief separately from the question of whether the suspension can be rescinded.
How Long Does an Illinois Statutory Summary Suspension Last?
The length depends upon the driver's circumstances.
For certain first offenders, Illinois currently provides a 12-month suspension for refusal or failure to complete testing and a 6-month suspension following a qualifying failed chemical test. Different periods can apply to drivers who are not first offenders.
The definition of a first offender and the treatment of prior DUI-related suspensions, revocations, court supervision, and convictions can be important.
This is another reason not to assume that every DUI suspension is the same.
What If You Have Previous DUI History?
Prior history can significantly change the consequences.
Illinois law provides different suspension periods depending upon whether the driver is a first offender under the applicable statutes.
A driver's history should therefore be reviewed before making assumptions about:
How long the suspension will last;
Whether a driving permit may be available;
What reinstatement requirements will apply; or
Whether the current case could result in additional consequences.
Your attorney should obtain and review your actual driving record rather than relying solely upon your recollection.
Do You Need an Attorney for a Rescission Hearing?
There is no substitute for understanding exactly what is at issue in your individual case.
A statutory summary suspension hearing is limited by statute, has deadlines, and involves specific factual and legal questions.
An attorney reviewing the case should be asking:
Was there a lawful DUI arrest?
Did the officer have the required reasonable grounds?
Was the required warning provided?
Was there actually a refusal or failure to complete testing?
Did the chemical test produce a result that satisfies the applicable statute?
Does the officer's sworn report accurately and sufficiently document the necessary facts?
Those questions can be more important than simply knowing that a DUI arrest occurred.
Do Not Wait Until the Suspension Starts
A common mistake is treating the 46-day period as if it were a grace period during which nothing needs to be done.
It is not.
The Secretary of State explains that the suspension becomes effective on the 46th day, and Illinois law provides a 90-day period following service of the notice to request a judicial hearing.
At the same time, the hearing request itself does not stay the suspension.
That makes early evaluation important.
If you wait until the suspension has already taken effect, you may already have lost time that could have been used to investigate the case and determine what legal options are available.
Contact an Illinois DUI Defense Attorney
A statutory summary suspension is not simply an unavoidable consequence that should be accepted without review.
Illinois law provides a specific procedure for challenging the suspension, and the court's review is focused on defined statutory issues.
Whether a particular suspension can be rescinded depends upon the facts, the evidence, the applicable statutory provisions, and the circumstances surrounding the arrest and chemical testing.
If you have received a statutory summary suspension after a DUI arrest in Illinois, the criminal case and the driver's-license case should both be addressed from the beginning.
The Law Offices of Richard Waller represents clients facing DUI and driver's-license issues throughout Cook, DuPage, Lake, and Will Counties.
Call: (847) 790-4042
Email: richard@wallerlawoffice.com
Free consultations are available.
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