Illinois Statutory Summary Suspension

If you've been arrested for driving under the influence (DUI) in the state of Illinois while on a public roadway, you'll find a notice of statutory summary suspension or revocation of your driver's license in the paperwork the officer gave you.

A statutory summary suspension provides for the automatic suspension of Illinois driving privileges when a driver is arrested for DUI and then  fails, refuses to submit to, or fails to complete chemical testing.

Failure of chemical testing means a person's breath alcohol concentration (BAC) was 0.08 percent or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic and take effect on the 46th day after the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. Fagan, Fagan & Davis focuses on Illinois DUI legal defense at courthouses in Cook County, Lake County and DuPage County. The attorneys at Fagan, Fagan & Davis point out that an offender may request a judicial hearing to challenge their arrest, however, such a request does not stop the suspension from taking effect.

If a driver licensed in the state of Illinois refuses to submit to chemical testing in another state, their driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than 0.08 percent.

If a driver has a BAC of more than 0.05 percent and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver's license holder receives a statutory summary suspension, their commercial driver's license (CDL) privileges will be disqualified for one year for a first offense, while a lifetime disqualification applies for a second offense.

Failing Chemical Testing

  • First offense—Suspension of driving privileges for six months with eligibility for a Monitoring Device Driving Permit (MDDP) on 31st day of the suspension.
  • Second or subsequent offense within five years—Suspension of driving privileges for one year with no eligibility for driving relief.

Refusing to Submit to Chemical Testing

  • First offense—Suspension of driving privileges for 12 months with eligibility for a MDDP on 31st day of the suspension.
  • Second or subsequent offense—Suspension of driving privileges for three years with no eligibility for driving relief.A law enforcement officer in Illinois is required to request a chemical test when there is probable cause to suspect DUI is a factor when a crash results in personal injury or death. A driver who refuses to submit to such testing will have their driving privileges revoked for a minimum of one year.

A DUI offender eligible for driving relief and who is issued a MDDP must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees.

The attorneys at Fagan, Fagan & Davis have defended countless clients against DUI charges throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. The attorneys at Fagan, Fagan & Davis understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.

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Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

The information on this website is general information only. Nothing on this site should be taken as legal advice for any individual case or situation. Receipt or viewing of this information is not intended to, and does not, create an attorney-client relationship. Fagan, Fagan & Davis is a partnership of professional corporations, including Joseph M. Fagan, PC, Alan T. Davis, PC, Jeffrey A. Fagan, PC, and Steven H. Fagan, PC.