Having a valid driver’s license is vital to almost everyone who has ever had a driver’s license. A driver’s license allows a person the opportunity to go anywhere at any time. A driver’s license suspension restricts a person’s freedom. It could affect a person’s ability to care for children or parents, to attend health care appointments or school, to get to and from employment, and to go wherever, whenever for any reason.
An arrest in Illinois for Driving While Under the Influence of Alcohol or Drugs (DUI) results in a Statutory Summary Suspension (SSS) of your driver’s license. Representation by a private attorney in a DUI case should always include representation in the SSS.
Time is very important when fighting a Statutory Summary Suspension. This is because the SSS begins on the 46th day after service of the Notice of Statutory Summary Suspension. Additionally, documents must be filed within 90 days of service of the Notice of Statutory Summary Suspension or the right to a hearing to contest the SSS is lost. There are limited grounds to validly contest the SSS. Prompt action is needed to have the best chance to contest the Statutory Summary Suspension and have the Statutory Summary Suspension rescinded or reversed.
A person is considered a first offender if this is the person’s first DUI arrest, or he or she has not had a Statutory Summary Suspension or been found guilty of DUI in the five years before the new arrest. A first offender is eligible to apply for a Monitoring Device Driving Permit (MDDP) from the Illinois Secretary of State. The MDDP allows a person under Statutory Summary Suspension the opportunity to legally drive after receiving the MDDP from the Secretary of State and installing a breath alcohol ignition interlock device (BAIID) provided by a private contractor. A driver must apply for the MDDP. The Secretary of State does not require a hearing before granting a MDDP.
Failure to provide a breath, blood, or urine sample at a police officer’s request following a DUI arrest will result in a 12-month driver’s license suspension for a first offender. Submitting a breath, blood or urine sample over the legal limit will result in a six-month driver’s license suspension for a first offender.
A Notice of Statutory Summary Suspension should be given to the driver immediately following refusal to provide a breath, blood, or urine sample or a positive breath test. The Notice of Statutory Summary Suspension should not be given to the driver until a result of the blood or urine test is returned from a certified laboratory.
The Statutory Summary Suspension will not end until a driver has driving privileges reinstated by the Illinois Secretary of State. Reinstatement does not occur automatically. The first offender must take affirmative steps with the Illinois Secretary of State at the conclusion of the Statutory Summary Suspension including paying a $250.00 fee to reinstate driving privileges.
Retain Steven Herzberg and Herzberg Law Firm today to give you the best chance to successfully contest the SSS. Steven Herzberg has won rescission of hundreds of Statutory Summary Suspensions, allowing those clients to legally drive without an MDDP and BAIID. Those clients didn’t even have to pay a reinstatement fee to the Illinois Secretary of State to maintain or regain full, unrestricted driving privileges following rescission of the Statutory Summary Suspension. Email or call Steven Herzberg today if you are arrested for DUI. He will fight for you.