If police arrest you for a DUI in Illinois, you can receive a statutory summary suspension for your license. This suspends your license, potentially leaving you without the ability to drive. And even if the court doesn’t charge you with a DUI, the suspension can still stay in place.
A license suspension is separate from any criminal charges related to a DUI. The suspension is an automatic penalty if you fail or refuse to take a chemical test. Even if a court rules against the DUI, the suspension stays active.
First defenders are automatically eligible to participate in the Secretary of State’s Monitoring Device Driving Permit Program, or MDDP. If you choose to install one of these monitoring devices, known as a Breath Alcohol Ignition Interlock Device or BAIID, in your car and maintain it at your own expense, you may legally drive 24/7 even though you are suspended.
Anyone arrested for a DUI has 90 days to file a Petition to Rescind Statutory Summary Suspension. Here are the five reasons you can ask the court to rescind your license suspension:
A statutory summary suspension automatically starts 46 days after you get a notice. The suspension can last from six months for a first offense with a BAC of over 0.08, 12 months if you refuse to take a chemical test, and to up to three years for recurring offenses.
Petitioning for a court to rescind your license suspension can be difficult. Since it is separate from any DUI charges or punishments, you must fight the suspension separately. Speak with an attorney to make sure that you file the petition correctly.
Losing your driving privileges can make your life difficult. If police didn’t follow proper procedures before suspending your license, you can petition the court to let you keep driving.