Fighting an Illinois Statutory Summary Suspension After a DUI: What Drivers in Chicago Need to Know

After a DUI arrest in Chicago or anywhere in Cook County, many people are surprised to learn that their driver’s license may be suspended automatically—even before they step foot in a courtroom. This suspension isn’t tied to a conviction or guilty plea. Instead, it’s part of Illinois’ statutory scheme for DUI enforcement, known as the Statutory Summary Suspension under 625 ILCS 5/11-501.1.

As a criminal defense attorney in Chicago with decades of courtroom experience, I’ve seen the impact of these license suspensions firsthand. They can interfere with your job, your family responsibilities, and your daily life. But you don’t have to accept it. There is a legal process to fight back, and you have rights. Let’s walk through how the summary suspension works, how it fits into a DUI arrest, and what you can do to defend your license.

What Triggers a Statutory Summary Suspension in Illinois?

Under Illinois law, your driver’s license can be suspended through the statutory summary suspension process if:

You fail a chemical test (blood alcohol content of 0.08% or greater, or the presence of drugs), or
You refuse to submit to testing after a lawful DUI arrest

This applies whether the stop occurred on Lake Shore Drive, I-90, or a neighborhood street in Humboldt Park. If law enforcement suspects impairment and you don’t cooperate with testing—or the test confirms impairment—the officer initiates the suspension by completing a form and submitting it to the Secretary of State.

The key point is that this suspension is automatic. It goes into effect 46 days from the date you’re notified, unless you successfully petition to have it rescinded.

How Long Does the Suspension Last?

The length of the suspension depends on whether you refused the test or failed it, and whether you have any prior DUI-related suspensions in the past five years.

First offense, test failed: 6-month suspension
First offense, test refused: 12-month suspension
Repeat offense, test failed: 12-month suspension
Repeat offense, test refused: 3-year suspension

These suspensions apply even before your DUI case is resolved. And in some cases, they remain in effect even if you beat the DUI charges in court—unless you file to contest the suspension.

How to File a Petition to Rescind the Summary Suspension

To fight back, you must file a Petition to Rescind the Statutory Summary Suspension in the county where you were arrested. In Chicago, this typically means filing in the Circuit Court of Cook County.

This petition must be filed within 90 days of receiving notice of the suspension. That’s usually the day you were arrested and handed the “Notice of Summary Suspension.” Your license isn’t suspended yet—but it will be on day 46 unless the judge rescinds the action.

At the hearing, we can raise several defenses, including:

No reasonable grounds for the DUI stop or arrest
You were not properly informed of the consequences of refusing testing
Chemical testing was flawed, not administered properly, or lacked reliability
You were not under arrest when asked to submit to testing
Officer’s account is inconsistent or contradicted by video evidence

It’s critical that your attorney acts quickly. If the petition isn’t filed on time, or if the hearing is not properly requested, you may lose your only opportunity to stop the suspension.

Your DUI Arrest and Investigation: What the Police Are Looking For

Whether you’re pulled over in Lincoln Park or stopped at a roadside checkpoint on the South Side, DUI investigations in Chicago follow a familiar pattern. Law enforcement is trained to look for what they call “clues” of impairment. These include:

Odor of alcohol
Slurred speech
Red or glassy eyes
Slow movements or fumbling for documents
Admissions of drinking or drug use

The officer may ask you to perform field sobriety tests like walking heel-to-toe, standing on one leg, or following a pen with your eyes. These tests are subjective, and in many cases, completely unrelated to actual driving ability.

If the officer claims you failed these tests—or if you refuse to take them—you’ll likely be arrested and taken for chemical testing. Refusal at this stage is what triggers the longest form of license suspension under Illinois law.

Technical Bond Violations: Missed Check-ins, Curfews, and Payment Issues

After your arrest, the judge may release you on bond with conditions. These can include:

Check-ins with pretrial services
Court-ordered alcohol education or evaluations
SCRAM monitoring for alcohol consumption
Curfews
Installment payments for bond-related fees

Judges generally treat technical violations—like missing a check-in or being late on a payment—differently from substantive violations like committing a new crime. But repeat technical violations can still damage your credibility, impact your sentencing, or lead to bond revocation.

That’s why as part of your legal defense, we work not only on the suspension and DUI charge, but also ensure you stay in full compliance with every bond condition. If any issue arises, we step in to explain it to the court and prevent harsher consequences.

Criminal Trial Process in Illinois: What to Expect

Once your criminal DUI case begins, here’s what the typical process looks like:

Arraignment: You enter a plea (typically not guilty)
Discovery: The prosecution provides police reports, test results, and video evidence
Pretrial motions: We may challenge the legality of the stop or arrest, or suppress faulty test results
Bench or jury trial: If the case isn’t resolved through dismissal or negotiation, it goes to trial

Illinois prosecutors must prove beyond a reasonable doubt that you were driving or in physical control of a vehicle while impaired by alcohol or drugs. That’s not always as easy as it sounds—especially if there’s no clear evidence of impairment or the testing process was flawed.

I challenge every piece of evidence: dashcam footage, field tests, lab reports, officer credibility, and any procedural errors.

Case Strategy Example: Fighting a Summary Suspension on Chicago’s West Side

A driver was pulled over late at night near Garfield Park for allegedly running a stop sign. The officer claimed the driver had slurred speech and unsteady balance. The driver declined to take a breath test and was arrested. A 12-month suspension was immediately filed due to the refusal.

At the suspension hearing, we obtained video footage that showed the stop sign was partially blocked by a tree, and the driver actually came to a near-complete stop. The video also showed the driver speaking clearly and walking normally.

The officer’s report was inconsistent with the footage. We argued the stop lacked reasonable suspicion and the observations did not justify arrest. The judge agreed and rescinded the suspension. That win gave us momentum to later get the DUI charge dropped altogether.

Legal Defenses in Statutory Summary Suspension Hearings

Many people think that if they failed or refused a test, they’re out of options. That’s not true.

Legal defenses to the suspension include:

Lack of probable cause: The officer didn’t have legal grounds to stop or arrest you
Improper warnings: You weren’t correctly advised of the consequences of refusal
Testing issues: The breathalyzer was uncalibrated, or blood tests were mishandled
Video contradictions: Dashcam footage contradicts the officer’s claims
Timing problems: The test was not administered within the required time

We raise these defenses at your suspension hearing, often within weeks of your arrest. Winning at this stage restores your license and can also strengthen your defense against the criminal DUI charge.

What to Ask a Criminal Defense Lawyer in Your Free Consultation

If you’re looking to hire a DUI defense attorney in Chicago, ask questions like:

Do you handle both the criminal DUI and the summary suspension?
How many hearings like mine have you won?
Will you personally appear at my hearing?
What is your process for reviewing police evidence?
Can you subpoena video, officer records, or testing logs?

These questions help you evaluate whether the attorney has the real courtroom experience you need to fight both parts of the case.

Chicago DUI FAQs: Statutory Summary Suspension

Is this suspension part of my criminal sentence?
No. The summary suspension is civil and automatic unless you challenge it. It happens whether or not you’re found guilty of DUI.

How do I know when the suspension starts?
It begins on the 46th day after you received notice, usually at the time of your arrest. You can request a hearing during that window.

Can I get a permit to drive during the suspension?
Yes, if you’re eligible. First-time offenders may qualify for a Monitoring Device Driving Permit (MDDP) with a BAIID. Repeat offenders usually cannot.

What happens if I miss the deadline to file?
You lose your right to challenge the suspension, and the full penalty applies. That’s why fast legal action is essential.

Does a rescinded suspension mean the DUI goes away?
Not necessarily. The suspension is separate from the criminal case. But beating it can help your leverage in plea negotiations or trial.

Can I drive before the hearing?
Yes, typically until the 46th day. After that, you’ll need a permit if you qualify.

How do officers prove the warning to motorists was given?
They must document it in writing and often have the motorist sign. If the documentation is missing or flawed, we can challenge the suspension.

Do I have to testify at the hearing?
Usually not. The focus is on the officer’s report and testimony. We control the process to keep you protected.

Why Hire The Law Offices of David L. Freidberg for Your DUI Suspension Case

Fighting a DUI case in Illinois is about more than staying out of jail—it’s about saving your license, your record, and your future. I’ve represented clients throughout Chicago and across Cook, Will, DuPage, and Lake Counties. I personally handle each case and act immediately to protect your rights.

The suspension clock starts ticking the moment you’re arrested. Don’t make the mistake of assuming you have time. And don’t assume you’ll keep your license unless you act.

Call Now for Immediate Help with Your Statutory Summary Suspension

If you’ve been arrested for DUI and served with a statutory summary suspension, you need an experienced criminal defense attorney who knows how to fight fast.

When You Need a Fighter, Call Us!

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.