Statutory Summary Suspension in Will County: What to Do
A statutory summary suspension is an automatic license suspension after a DUI arrest. It starts on day 46 after the officer gives you notice. A first offender is suspended for 6 months after a failed test or 12 months after a refusal. You can act in the meantime by asking a judge to rescind it or by applying for a driving permit.
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.
Who a summary suspension applies to
It applies to a driver who is arrested for DUI and either refuses testing or takes a test that shows an alcohol concentration of 0.08 or more. The same suspension also follows a test that finds a listed level of cannabis or any amount of an unlawfully used controlled substance, an intoxicating compound or methamphetamine.
It applies on top of the criminal case. The criminal case asks whether you are guilty of DUI. The suspension turns on a narrower set of questions, such as whether the arrest was valid and whether you refused or failed a test. A person can be suspended and later have the DUI charge dismissed, or the other way around.
If you hold a commercial license, the same arrest can also lead to a disqualification of commercial driving. That has separate rules.
This page is about what to do about it. For the legal background, read our long suspension guide.
Timeline from arrest to reinstatement
- Arrest day. The officer takes your license and gives you a receipt. The receipt lets you drive until the suspension starts, if your license was valid.
- Sworn report. The officer sends a sworn report to the court and the Secretary of State right away.
- Confirmation letter. The Secretary of State mails a notice of the effective date to you and to the court. A defective report is sent back instead.
- Day 46. The suspension takes effect on the 46th day after notice was given.
- Suspension period. It runs 6 or 12 months, or longer if you aren't a first offender.
- Reinstatement. Driving privileges are restored after the period ends, but only after you pay the reinstatement fees to the Secretary of State.
Count your own dates with the DUI deadline calculator.
How long the suspension lasts
| You are a first offender | You are not a first offender |
|---|---|
| Failed test: 6 months | Failed test: 1 year |
| Refused or did not finish the test: 12 months | Refused or did not finish the test: 3 years |
A first offender has no earlier DUI conviction or court supervision, and no earlier suspension or revocation under the test law, within the 5 years before this offense.
If you are later convicted of DUI for the same incident, the time you already served on the summary suspension counts toward the minimum revocation that the conviction brings.
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
Your three choices
1. Ask the court to rescind it
You can file a written request in the circuit court within 90 days of the notice. The request must state the grounds. Filing does not stop the suspension while the case is pending. Details are on our petition to rescind page.
2. Apply for a Monitoring Device Driving Permit
A first offender can drive during the suspension if an ignition interlock device is installed in the car. The Secretary of State sends a notice that explains the steps. See the MDDP page.
3. Wait it out
Some people choose to do nothing and not drive. That is allowed, but driving while suspended is a separate offense. Talk through work, school and family transport before you pick this.
What a suspension does to your record
For a first offender who is not convicted of DUI, the report the Secretary of State receives is treated as private information, except during the time the suspension is in effect. Only courts, police, prosecutors and the Secretary of State can use it. The exception is a CDL holder, or a driver of a commercial or placarded vehicle, whose suspension is not private.
A conviction changes that.
How Jeff handles a summary suspension
- Reads the sworn report and the ticket the day you hire him, to find your exact dates.
- Files the court request before the 90 day limit so the judge can hear it.
- Looks at whether the arrest was a DUI arrest on a Uniform Traffic Ticket and whether the officer had reasonable grounds.
- Checks that the required warnings were given before the test or refusal.
- Helps a first offender start the permit process early to keep any gap short.
- Explains how this track fits with the criminal case, so one does not hurt the other.
Outcomes depend on the facts. Jeff doesn't promise a result.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about summary suspension
Short answers first. Jeff McCarthy reviews every answer on this page.
It is an automatic suspension of your driving privilege after a DUI arrest where you refused testing or failed a test. It starts on day 46 after notice and is handled apart from the criminal case.
Six months if you took the test and it showed 0.08 or more, and 12 months if you refused. Not being a first offender makes it 1 year or 3 years.
On the 46th day after the officer gave you notice. Until then, the receipt from the officer lets you drive if your license was valid.
A first offender may qualify for a Monitoring Device Driving Permit and drive with an ignition interlock device. Without that permit, driving during the suspension is against the law.
Yes, unless the court rescinds the suspension. A dismissal of the criminal case does not cancel it, because the suspension is a separate process.
Your privileges are restored when the period ends, once you pay the reinstatement fees to the Secretary of State. If a court has reason to think they should not be restored, it notifies the Secretary of State first.
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.
