Statutory Summary Suspension
When charged with a DUI in Illinois, the second thing you must deal with is the Statutory Summary Suspension. A statutory suspension is not a criminal matter. It is a civil issue with the Illinois Secretary of State. Under Illinois law (625 ILCS 5/1-197.6), the Secretary of State can often suspend your license after a DUI arrest—even before you have had your day in court.
Driving is a privilege and not a right. The privilege is lost if you exceed the legal limit or refuse breath, blood, or urine testing. The suspension of your license often goes into effect automatically on the 46th day after you receive a notice of the summary suspension. Notice is often (but not always) given to you on the day of the arrest.
The length of the summary suspension will depend on whether or not you submitted to chemical testing for the presence of alcohol or other intoxicating compounds.
- If you refuse to submit to this testing, your license will be suspended for at least one year;
- If you submit to the testing, and it shows a blood alcohol concentration of 0.08 or more, your license will be suspended for at least six months;
- If you submit to the testing, and it shows five nanograms of THC in your blood or ten nanograms of THC in your urine, your license will be suspended for at least six months;
- Suppose you submitted to the chemical testing and showed any amount of a drug, substance, or compound resulting from the unlawful use of a controlled substance and an intoxicating compound. In that case, your license will be suspended for at least six months.
This suspension occurs regardless of the outcome of your DUI. After the suspension period, you must pay the Secretary of State a reinstatement fee. Your license will remain suspended until reinstatement.