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. Herzberg Law Firm’s representation will always include representation in the SSS. This blog entry will detail the consequences for a Statutory Summary Suspension for a second or multiple offender.
Time is critically important in retaining a qualified DUI defense attorney like Steven Herzberg. This is because the Statutory Summary Suspension begins on the 46th day after the driver receives the Notice of Statutory Summary Suspension. 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 second or multiple offender must pay a $500.00 reinstatement fee at the conclusion of the Statutory Summary Suspension before the driver’s license could be reinstated.
A person is considered a second or multiple offender for Statutory Summary Suspension purposes if the current arrest is within five years of a person’s first Statutory Summary Suspension or within five years of a guilty finding to a DUI charge even with a sentence of Court Supervision. Unlike a first offender, a second or multiple offender is not eligible to apply for a Monitoring Device Driving Permit (MDDP) from the Illinois Secretary of State. Instead, a second or multiple offender must apply for a Restricted Driving Permit (RDP). The person must appear at a hearing before the Illinois Secretary of State to receive a RDP.
Statutory Summary Suspension penalties are increased for a second or multiple offender. Failure to provide a breath, blood, or urine sample at a police officer’s request following a DUI arrest will result in a 36-month driver’s license suspension (compared to 12 months for a first offender). A second or multiple offender will suffer a 12-month driver’s license suspension (compared to six months for a first offender) for submitting a breath, blood, or urine sample over the legal limit.
As with a first offender, the police officer should give a second or multiple offender a Notice of Statutory Summary Suspension 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 Notice of Statutory Summary Suspension will usually be mailed to the driver if the result shows a violation of DUI law.
Steven Herzberg and Herzberg Law Firm Herzberg win Statutory Summary Suspension hearings. Steven has won rescission for hundreds of clients including second and multiple offenders, allowing those clients to legally drive without a restricted driving permit, an MDDP or a breath alcohol ignition interlock device. Retaining Steven Herzberg as soon as possible after your arrest gives you the best chance to successfully contest the Statutory Summary Suspension and to win your DUI case.