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Illinois Statutory Summary Suspension: A Chicago Driver’s Urgent Guide After a DUI Arrest
Chicago’s streets are busy at all hours. Whether you’re heading home from work along Lake Shore Drive, picking up friends from a concert, or driving through one of the city’s neighborhoods late at night, a DUI arrest can happen quickly. What many drivers don’t realize is that in Illinois, the arrest triggers not just a criminal case but also a separate process that can suspend your license automatically — the Statutory Summary Suspension.
How the Statutory Summary Suspension Process Starts
Illinois law, found in 625 ILCS 5/11-501.1 and paraphrased here, says that if you are arrested for DUI and either fail or refuse chemical testing (breath, blood, or urine), your license will be suspended by the Secretary of State. This is an administrative action, not a criminal penalty. The length of the suspension depends on whether you submitted to testing and your record within the last five years. For first-time offenders, failing the test can lead to a six-month suspension; refusing can mean a twelve-month suspension. Repeat offenders face much longer periods without driving privileges.
This process begins when the arresting officer serves you with a written notice of suspension. That notice is also sent to the Secretary of State. The suspension doesn’t start immediately — you have 46 days before it takes effect. That time is critical because it’s your only window to request a court hearing to try to stop the suspension.
Your Right to Challenge the Suspension
The challenge comes in the form of a Petition to Rescind the Statutory Summary Suspension. In this hearing, your attorney can argue several points, including that the officer lacked reasonable grounds for the DUI arrest, that chemical testing was inaccurate or improperly administered, or that you weren’t warned of the consequences of refusing testing as required by law.
In Chicago, these hearings take place in the circuit court, and the evidence often overlaps with the criminal DUI case. Winning this hearing doesn’t end the criminal charges, but it can allow you to keep your license while you fight those charges.
The Criminal Side of a DUI in Illinois
The criminal process begins with the arrest and booking. After a bond hearing, the case moves to pretrial stages where evidence is exchanged, motions are argued, and plea negotiations may occur. If no agreement is reached, the case proceeds to trial. In Illinois, DUI trials require the state to prove impairment beyond a reasonable doubt. Conviction can lead to jail, probation, fines, alcohol education, community service, and mandatory treatment.
A first-time misdemeanor DUI carries up to one year in county jail and fines of up to $2,500. Felony DUIs, often involving injury, children in the car, or repeat offenses, carry longer prison sentences and higher fines.
Realistic Example: Protecting Driving Privileges
Consider a Chicago driver stopped for speeding after leaving a restaurant. The officer notes bloodshot eyes and the smell of alcohol. The driver refuses a breath test. The officer issues a notice of suspension, starting the 46-day countdown. The driver’s attorney reviews the squad car video and finds that the officer’s stated reason for the stop doesn’t match the footage. At the hearing, the judge rules the stop was unlawful and rescinds the suspension. This allows the driver to keep driving while defending the criminal case, which may also be weakened by the court’s finding.
The Importance of Immediate Legal Action
Without quick legal help, your suspension can begin and last months or even years, depending on your record. In Chicago, where public transit doesn’t meet every need and many jobs require driving, losing your license can affect your income and independence. An attorney can act quickly to request the hearing, review evidence, challenge police conduct, and protect your rights at every stage.
Why Choose The Law Offices of David L. Freidberg
With years of defending DUI and summary suspension cases in Chicago, Cook County, DuPage County, Will County, and Lake County, The Law Offices of David L. Freidberg understands the urgency and complexity of these cases. We move fast to protect your license and fight your charges.
Free consultation 24/7 — Call (312) 560-7100 or toll-free at (800) 803-1442.
The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we have decades of defending clients charged with DUI and other criminal offenses in Chicago and throughout Cook, DuPage, Will, and Lake Counties. We know how DUI checkpoints are supposed to operate and where law enforcement often makes mistakes.
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.