Statutory Summary Suspension
Chicago DUI, DWI, & Drunk Driving Laws

" A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing. "

If you've been arrested for a DUI and tested above the legal limit (.08%) or refused to submit to a breath test, your license will be suspended starting 46 days after the arrest as the result of an action automatically taken by the Secretary of State.

Before the suspension starts, you may request a hearing in court which can stop the suspension or you may be eligible for a breath alcohol ignition interlock device (BAIID) for all purposes while your license is suspended except for the first 30 days.

If a person refuses to take the chemical test or submits and scores above the legal limit (.08%), his or her license will be suspended the 46th day from the date of service with a notice of suspension.

Standard length of suspensions:

• 6 months for "1st DUI / DWI offenders"  - who failed chemical testing
• 12 months for "1st DUI / DWI offenders" - who refuse any or all testing
• 1 year for persons with a BAC of (.08%) or more who are not "1st DUI / DWI offenders"
• 3 years for those who refuse chemical testing who are not "1st DUI / DWI offenders"

An Interlock Monitoring Device Driving Permit (IMDDP) may be available to qualifying offenders during this suspension period after the first 30 days.

• "1st DUI / DWI offenders" – who failed chemical testing – eligible for IMDDP on the 31st day of suspension
• "1st DUI / DWI offenders" – who refused chemical testing – eligible for IMDDP on the 31st day of suspension
• "Subsequent Offender" – who failed chemical testing – not eligible for IMDDP
• "Subsequent Offender" – who refused chemical testing – not eligible for IMDDP

At the Law Office of Fred Mark Dry, we are committed to providing professional expert representation for your case.  These are just some of the reasons it is so very important to contact a DUI, DWI lawyer who will fight for your rights.