Petition to Rescind a DUI Suspension in Will County
A petition to rescind is a written request asking the circuit court to cancel your DUI summary suspension. You must file it within 90 days after the notice of suspension. The court has to hold the hearing within 30 days after it receives the request or after your first appearance date on the DUI ticket.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What a petition to rescind is
Illinois lets you challenge a summary suspension in the circuit court where your DUI case was filed. The law is 625 ILCS 5/2-118.1. The request is in writing and has to state the grounds on which you want the suspension rescinded. It is a civil proceeding, run like other civil cases, not a criminal trial.
The petition is a separate action from the DUI charge. Winning one doesn't end the other, and losing one doesn't decide the other. The hearing can also give your lawyer an early look at the officer's account, and that can help in the criminal case.
Deadlines
| Step | Deadline |
|---|---|
| File the written request | Within 90 days after the notice of suspension |
| Hold the hearing | Within 30 days after the court receives the request, or after the first appearance date on the DUI ticket |
| Suspension begins | Day 46 after notice, whether or not you filed |
The statute says the judicial hearing does not stay or delay the suspension. If the hearing is set after day 46, the suspension starts anyway. If the judge rescinds, the court tells the Secretary of State right away.
Don't wait for the full 90 days. Because the hearing doesn't pause anything, an early filing is the only way a ruling can arrive before day 46.
What the judge looks at
The hearing is limited by law to a short list of questions. The judge does not decide whether you were drunk. These are the issues.
- Whether you were placed under arrest for DUI, shown by a Uniform Traffic Ticket, or given a ticket out of state.
- Whether the officer had reasonable grounds to believe you were driving or in actual physical control of a vehicle on a highway while under the influence.
- If you refused, whether the officer advised you that your driving privilege would be suspended or revoked if you refused, and whether you then refused or failed to finish the test.
- If you took the test, whether the officer advised you of the suspension for a result of 0.08 or more, and whether you completed a test with that result.
- If the case is a revocation, whether you were involved in a crash that caused a Type A injury or death to another person.
The hearing can be held on the officer's own reports. You can subpoena the officer. If the officer does not answer the subpoena, that is grounds for a continuance if the judge finds it appropriate.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What happens next
- Find your notice date. The 90 days run from the notice. Check your paperwork or the court file.
- Write the petition. It states the grounds for rescinding. Jeff drafts and files it with the circuit court.
- Subpoena decision. Jeff decides whether to subpoena the officer to testify.
- Hearing date. The court sets the hearing at the Will County Courthouse in Joliet.
- The hearing. The judge hears the evidence on the limited issues.
- Ruling. The judge sustains or rescinds the suspension and tells the Secretary of State.
While you wait, a first offender can still apply for a driving permit. See the MDDP page.
How Jeff uses the petition
- Counts the 90 days from your actual notice date and files before it runs out.
- Reads the sworn report and ticket for mistakes about the arrest or the warnings.
- Decides with you whether to call the officer, since testimony can also help in the criminal case.
- Pays attention to timing, so the hearing and your first court date line up.
- Keeps the criminal case in mind so nothing said at this hearing hurts you there.
A petition doesn't always succeed. Jeff will tell you what the evidence supports before you file.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about petition to rescind
Short answers first. Jeff McCarthy reviews every answer on this page.
You have 90 days after the notice of suspension. The request is in writing and goes to the circuit court where the case was filed.
It is a written request asking a judge to cancel the automatic suspension after a DUI arrest. It must state the grounds for rescinding.
The court must hold the hearing within 30 days after it receives the request or after the first appearance date on the DUI ticket.
No. The statute says the hearing does not stay or delay the suspension. It starts on day 46 as scheduled.
You may subpoena the officer. If the officer doesn't answer the subpoena, the judge may continue the hearing.
Yes. The law covers both refusals and failed tests. For a refusal, the judge looks at whether you were warned of the suspension and then refused or did not finish the test.
The statute says the person may make the written request. Because the hearing is limited to a short list of issues and the deadline is firm, many people ask a lawyer to prepare it. Jeff can tell you what to put in it.
The court immediately notifies the Secretary of State. Your DUI criminal case still goes on separately.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
