In most DUI cases in Illinois, in addition to the DUI criminal charges, you will received a STATUTORY SUMMARY SUSPENSION. This is the automatic suspension of your driver’s license 46 days after your DUI arrest. If you have a CDL license, this will suspend your CDL and cause a 1 year disqualification.
This suspension / disqualification can be removed if you challenge the suspension / disqualification. The way to challenge it is by filing a PETITION TO RESCIND THE STATUTORY SUMMARY SUSPENSION.
Once this legal document is filed, the State has to provide you a hearing on the suspension within 30 days from the day the petition is filed or the first court date (whichever one is later).
This 30 day time to have a hearing makes filing this document as soon as possible very important.
There are many times by filing the document early that on the very first court date you are entitled to have a hearing. Usually, but not always, the prosecutor is not ready for the hearing. This is because it is the very first court date, and you can have the license suspension / disqualification reminded (dismissed).
