Will the Statutory Summary Suspension suspend my driver’s license?
Without taking immediate action, your driver’s license will be suspended.
A “Statutory Summary Suspension” is the automatic suspension of your Illinois Driver’s License. This loss of license occurs 46 days after an arrest for DUI. The loss of driving privileges is dependent on the facts of your case. However, the loss of driving privileges will be for a period between 6 months to 3 years.
Is it possible to stop the suspension of your Illinois driver’s license?
Yes. However, taking immediate action is necessary. The first step is to file a “Petition to Rescind the Statutory Summary Suspension.” This petition is a request for a judge review of whether the license suspension is justified. Once this document is filed, the court has 30 days to provide you with a hearing to review the evidence the officer has obtained on your case.
Why would a court throw out the license suspension?
There are many reasons a court might throw out (rescind) the license suspension. At the hearing, the judge will hear testimony from the police officer. Typically, the police officer is the only one that will testify. Only rarely do I have a client testify at the hearing because what is at issue is what the arresting officer knew at the time of arrest. The standard of review is different for a hearing than it is for a trial. Once the hearing is over, the judge might decide that the officer did not have enough reason to believe you were under the influence. In addition, there are many more reasons a judge may stop or cancel the loss of your driver’s license.
If the judge does not throw out my driver’s license suspension, can I still drive?
Yes, if you do lose your license you will be able to drive, however, you will need a BAIID Permit.
What is a BAIID Permit?
BAIID stands for “Breath Alcohol Ignition Interlock Device.” It is basically an alcohol breath machine that is installed in your car. You will need to blow into it each time prior to starting your car and at various times as you drive. The more you know about the BAIID device, the more you will want to fight the license suspension.
To review your case either in person or on the telephone, call and speak with Michael J. Young. The consultation is free with no obligation or pressure.
Here is a video where I discuss the Statutory Summary Suspension in greater detail. There are two videos: the first is a 1 minute video and the second is a more detailed 5 minute video.