If you've been arrested for DUI in Will County, understanding the statutory summary suspension process is critical to protecting your driving privileges. Unlike the criminal DUI case that proceeds through Will County Circuit Court, the statutory summary suspension is an administrative proceeding that happens automatically when you fail or refuse chemical testing. As a Will County DUI attorney with over 20 years of experience including my time as a former Will County prosecutor, I've represented hundreds of clients in statutory summary suspension hearings. The statutory summary suspension takes effect 46 days after your DUI arrest unless you file a petition to rescind and win your hearing. Many drivers don't realize they have only 90 days from the arrest date to challenge the suspension, and failing to act quickly can result in automatic suspension lasting six months to three years depending on your testing results and prior DUI history.
What is a Statutory Summary Suspension Under Illinois Law
The statutory summary suspension under 625 ILCS 5/11-501.1 is an administrative license suspension imposed by the Illinois Secretary of State when you fail or refuse chemical testing following a DUI arrest. This suspension is separate from and in addition to any criminal penalties you face for the underlying DUI charge. The suspension triggers automatically without a court hearing unless you file a petition to rescind within 90 days of your arrest. If you fail chemical testing with a BAC of 0.08 or higher, you face a six-month suspension for first offenses or one year for repeat offenses within five years. If you refuse chemical testing, you face a 12-month suspension for first offenses or three years for repeat refusals. The suspension applies even if the criminal DUI charges are later dismissed or reduced to reckless driving.
The Timeline for Statutory Summary Suspension
On the day of your DUI arrest, the arresting officer confiscates your driver's license and issues a Notice of Summary Suspension that serves as a temporary driving permit valid for 46 days. You have 90 days from the arrest date to file a petition to rescind the statutory summary suspension with the circuit court where the arrest occurred. If you file the petition timely, you continue driving on the Notice until your rescission hearing. The court must hold the hearing within 30 days of filing your petition. If you win the hearing, your license remains valid and the suspension is rescinded. If you lose the hearing or fail to file a petition, the suspension takes effect on the 46th day after arrest. Once the suspension takes effect, you cannot drive except with a Monitoring Device Driving Permit if eligible.
Grounds for Rescinding a Statutory Summary Suspension
Illinois law under 625 ILCS 5/2-118.1 establishes specific grounds where courts must rescind statutory summary suspensions. You can challenge whether the arresting officer had reasonable grounds to believe you were driving while under the influence. You can contest whether the officer had probable cause to arrest you for DUI. For failure cases, you can challenge whether you were properly warned that refusing testing would result in suspension. You can dispute whether chemical test results show you were above the legal limit. For refusal cases, you can argue you did not actually refuse testing or that the refusal was not knowing and voluntary. You can challenge whether the officer complied with all statutory requirements for administering chemical tests. The burden of proof is on the state to prove by preponderance of evidence that the suspension was proper.
Common Defense Strategies in Rescission Hearings
Experienced Will County DUI attorneys use various defense strategies to win statutory summary suspension rescission hearings. Challenging the initial traffic stop by arguing the officer lacked reasonable suspicion to stop your vehicle is effective when police reports show weak justification like weaving within your lane. Attacking probable cause for arrest by demonstrating the officer lacked sufficient evidence of impairment can succeed when field sobriety tests were improperly administered. For failure cases, challenging the accuracy of breath test results by examining breathalyzer calibration records and maintenance logs often reveals foundational issues. Arguing the officer failed to observe you continuously for 20 minutes before breath testing as required can invalidate results. For refusal cases, demonstrating you attempted to comply but were physically unable due to medical conditions can establish you didn't refuse.
The Rescission Hearing Process in Will County Courts
Statutory summary suspension rescission hearings in Will County Circuit Court follow specific procedures. Your attorney files a verified petition to rescind within 90 days of arrest, stating specific grounds for rescission. The Will County State's Attorney's Office represents the Illinois Secretary of State and bears the burden of proving the suspension was proper. The hearing operates under civil rules of evidence, requiring proof by preponderance rather than beyond reasonable doubt. The arresting officer testifies about the traffic stop, your behavior, field sobriety test performance, and chemical testing procedures. Your attorney cross-examines the officer to expose weaknesses in probable cause, testing procedures, or statutory compliance. The judge issues a written order either rescinding the suspension or upholding it.
Monitoring Device Driving Permits During Suspension
If you lose your rescission hearing or choose not to challenge the suspension, you may be eligible for a Monitoring Device Driving Permit under 625 ILCS 5/6-206.1 that allows restricted driving with a Breath Alcohol Ignition Interlock Device installed in your vehicle. First-time offenders who failed chemical testing become eligible after serving 30 days of the six-month suspension. First-time offenders who refused testing must serve one month of the 12-month suspension before MDDP eligibility. The MDDP allows you to drive for employment, medical appointments, educational purposes, alcohol treatment, and court-ordered obligations. You must pay MDDP application fees, BAIID installation and monthly monitoring costs typically totaling $1,200 annually, and maintain SR-22 high-risk insurance. BAIID violations get reported to the Secretary of State and can result in MDDP revocation and extension of your suspension.
How Statutory Summary Suspension Affects Criminal DUI Cases
The statutory summary suspension is completely separate from your criminal DUI case, creating two parallel proceedings. Winning your rescission hearing does not dismiss the criminal DUI charges, and losing the hearing does not prove guilt in the criminal case. However, the two cases can affect each other strategically. Filing a rescission petition forces the arresting officer to testify under oath within 30 days of arrest, allowing your attorney to lock in testimony and discover weaknesses before the criminal case proceeds. Cross-examination at the rescission hearing may reveal officer credibility issues, procedural violations, or evidentiary problems useful in the criminal defense. If you win rescission, the criminal prosecutor may view the DUI case as weaker and offer better plea agreements.
Statutory Summary Suspension for CDL Holders
Commercial driver's license holders face enhanced consequences from statutory summary suspensions under 625 ILCS 5/6-514. If you hold a CDL and are arrested for DUI while driving any vehicle including your personal car, you face disqualification of your CDL driving privileges in addition to the regular statutory summary suspension. A first DUI results in one-year CDL disqualification. A second DUI results in lifetime CDL disqualification. The CDL disqualification applies even if you were driving your personal vehicle at the time of arrest. You cannot obtain a restricted CDL permit during disqualification, meaning you lose your ability to work as a commercial driver. The only relief is winning your rescission hearing to avoid the suspension and CDL disqualification.
Out-of-State Drivers and Illinois Statutory Summary Suspension
Out-of-state drivers arrested for DUI in Will County face statutory summary suspension of their Illinois driving privileges even though they don't hold Illinois licenses. The arresting officer confiscates your out-of-state license and forwards it to the Illinois Secretary of State who notifies your home state's licensing authority through the Driver License Compact and National Driver Register. Most states honor Illinois suspensions and impose corresponding suspensions in your home state, preventing you from driving anywhere during the suspension period. You must file your petition to rescind in Will County Circuit Court where the arrest occurred even if you live in another state. Attorneys can appear on your behalf at rescission hearings if you cannot travel to Illinois.
Reinstatement Requirements After Statutory Summary Suspension
After completing your statutory summary suspension period, you don't automatically get your license back. You must apply for reinstatement with the Illinois Secretary of State and meet specific requirements under 625 ILCS 5/6-205. For suspensions based on failing chemical testing, you must pay the $250 reinstatement fee, file proof of financial responsibility with an SR-22 certificate maintained for three years, complete a DUI Risk Education course if not previously completed, and install a BAIID if required by your DUI conviction. For suspensions based on refusing chemical testing, requirements are similar but you must complete an alcohol evaluation and any recommended treatment. If you had multiple DUI-related suspensions, you may need to appear for a hearing with the Secretary of State before reinstatement.
If you've been arrested for DUI in Will County and received a Notice of Summary Suspension, contact the Law Office of Jack L. Zaremba immediately for a free consultation. We must file your petition to rescind within 90 days of arrest. Our firm has extensive experience winning rescission hearings and protecting driving privileges for clients throughout Joliet, Plainfield, Bolingbrook, and Will County. Visit our contact page or call 815-740-4025.
