Law Offices of Mitch Furman Articles DUI Related Statutory Summary Suspension in Illinois

DUI Related Statutory Summary Suspension in Illinois

By Mitch Furman  Mar. 4, 2010 4:32p

Illinois lawmakers made driving a vehicle a privilege, not a right. Like any other privilege your driver's license can be taken away if you don't follow the rules. Every motorist operating a vehicle on a public highway, in the state of Illinois has given constructive consent to submit to a chemical test, also know as the Breathalyzer Exam if suspected of a DUI. This is also known as Illinois Implied Consent Law.

Should you refuse to take the Breathalyzer Exam, your driving privileges will be suspended for a longer period of time then they would have been if you took the Breathalyzer Exam and were over the legal limit. Under the new Illinois Statutory Summary Suspension law, a first time DUI offender will have their driving privileges suspended for a period of 6 months, if their Blood Alcohol Content, (BAC) is over the legal limit of.08 and 12 months if they refused to take the Breathalyzer Exam all together. Illinois Statutory Summary Suspension Statute, 625 ILCS 5/11-501.1, states that if you failed or refused to take the Breathalyzer Exam, your driver's license will be suspended on the 46th day following the arrest.

Under the Statutory Summary Suspension law, you are entitled to petition the court for a hearing and challenge your driver's license suspension. The hearing is civil in nature and the burden of proof is on you to show by the preponderance of evidence that the statutory summary suspension should be rescinded and your driving privileges be reinstated. The Petition for a hearing must be filed within 90 days of the arrest. If this is not done, any arguments regarding statutory summary suspension are deemed waived. You have the right to have the hearing held or on the 1st date you appear in court or 30 days after filing the Petition, whichever comes first.

If you were stopped for a DUI and received a Warning of a Statutory Summary Suspension and your license is about to be suspended, contact my office today. Time is of the essence don't loose your privilege to drive, talk to an experienced lawyer today.

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