What Is Statutory Summary Suspension?
In Illinois, you impliedly consent to provide a chemical sample if an officer has reasonable grounds to believe you were in physical control of a motor vehicle on a publicly maintained roadway and under the influence of alcohol or illegal drugs. Failure to provide a chemical sample or providing a chemical sample greater than legal limits will result in the Illinois Secretary of State suspending your driver’s license. This is a civil rather than a criminal proceeding.
When will my license be suspended?
The SSS normally begins on the 46th day after your arrest.
How long will my license be suspended?
The SSS lasts from a minimum of six months to a minimum of three years, depending on whether you are considered a first offender and whether you failed to provide a chemical sample or provided a chemical sample greater than the legal limits. You must pay a reinstatement fee to the Illinois Secretary of State before your license will be reinstated.
Can I ask a judge to rescind the Statutory Summary Suspension?
Yes. Documents normally must be filed within 90 days of the arrest date to preserve your right to a hearing on the SSS issue. The State must provide a meaningful hearing within 30 days of filing or the first court date, whichever is later.
What happens if I do not get a hearing before my first court date?
The SSS begins on the 46th day after your arrest, even if you have not had an opportunity for a hearing.
Does the filing for a hearing stop the suspension from beginning?
How is the SSS case different than the criminal case?
Both cases arise out of an arrest for DUI. Both are heard in the same courtroom, possibly by the same judge. At an SSS hearing, it is our burden to show the officer did something wrong in arresting you for DUI or in attempting to collect a chemical sample. You cannot go to jail if you fail to show an officer error. In a criminal case, it is the State’s burden to prove each element of the charge beyond a reasonable doubt. The penalty for a finding of guilty to a DUI charge could include a jail or prison sentence.
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