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What is the DUI Summary Suspension Law in Illinois?
Driving under the influence (DUI) is a serious offense in Illinois, and it can result in severe consequences, including a summary suspension of your driver's license. In this blog post, we will discuss the DUI summary suspension laws in Illinois, including what a summary suspension is, how it works, and what to do if you are facing a suspension.
What is a Summary Suspension?
A summary suspension is a temporary suspension of your driver's license that occurs automatically if you are arrested for DUI and refuse to submit to a chemical test or if you fail a chemical test. The purpose of a summary suspension is to prevent drunk drivers from continuing to drive while their DUI case is pending.
How Does a Summary Suspension Work?
If you are arrested for DUI and refuse to submit to a chemical test, or if you fail a chemical test, the arresting officer will issue a "Notice of Summary Suspension." The suspension takes effect on the 46th day following the date of the arrest.
The length of the suspension depends on several factors, including your driving record and whether you have had previous DUI convictions or summary suspensions. The suspension periods are as follows:
First offense: six months
Second or subsequent offense: one to three years
Refusal to submit to a chemical test: one year
During the summary suspension period, you are not allowed to drive unless you obtain a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP).
Monitoring Device Driving Permit (MDDP)
An MDDP allows you to drive during your summary suspension period, but it requires the installation of a breath alcohol ignition interlock device (BAIID) in your vehicle. The BAIID prevents the vehicle from starting if you have alcohol on your breath.
To obtain an MDDP, you must:
Apply to the Illinois Secretary of State's Office
Provide proof of insurance
Provide proof of installation of a BAIID
Restricted Driving Permit (RDP)
An RDP allows you to drive during your summary suspension period for limited purposes, such as going to work or school. However, you must first serve a 30-day "hard time" suspension before you are eligible for an RDP.
To obtain an RDP, you must:
Apply to the Illinois Secretary of State's Office
Pay a fee of $50
Provide proof of insurance
Demonstrate a need for the permit, such as employment or medical treatment
Complete a drug and alcohol evaluation
What to Do If You Are Facing a Summary Suspension
If you are facing a summary suspension, it is important to act quickly to protect your rights and your driver's license. You have the right to challenge the suspension by requesting a hearing within 90 days of the date of the arrest.
At the hearing, you have the opportunity to challenge the suspension by presenting evidence and arguments that show that the suspension is not justified. This may include challenging the validity of the chemical test or arguing that the officer did not have probable cause to make the arrest.
If you do not request a hearing, or if you lose the hearing, the summary suspension will take effect on the 46th day following the date of the arrest.
Conclusion
A DUI summary suspension is a serious consequence of a DUI arrest in Illinois. It can result in the temporary loss of your driver's license and can have significant consequences for your personal and professional life. If you are facing a summary suspension, it is important to act quickly to protect your rights and your driver's license. By understanding the summary suspension laws and working with an experienced DUI attorney, you can help ensure that your rights are protected and that you receive the best possible outcome in your case.