DuPage County DUI Lawyer

A statutory summary suspension is the suspension of your driver's license because:

1. Of a DUI arrest; and
2. You either failed (had blood alcohol content of.08% or more) or refused to take a chemical test offered by the officer.

If the above applies, then your driving privileges will be suspended due to the statutory summary suspension. If this is your first DUI offense, and you failed the chemical test, then your driving privileges will be suspended for 6 months. If this is your 2nd or subsequent DUI offense within 5 years, and you have failed the chemical test, then your driving privileges will be suspended for one year.

Refusing Chemical Testing

If you are a first-time DUI offender, and you refused to submit to the chemical test, then your driving privileges will be suspended for 12 months. If the DUI is a 2nd or subsequent offense within 5 years, and you refuse to take the chemical test, then the statutory summary suspension will be in effect for 3 years.

The Suspension Start Time

So, exactly when does the Statutory Summary Suspension take effect? It takes effect within 45 days from the notice you receive that your license will be suspended due to the Statutory Summary Suspension.

MDDP is a monitoring device driving permit that allows you to drive during the pendency of your DUI case. You will need to install a BAIID (Breath Alcohol Ignition Interlock Device) as part of the MDDP program. How it works is that before you start driving, you will need to blow into the BAIID device to make sure you are not operating the vehicle with a blood alcohol content of .025 or more. The vehicle will start as long as the breath sample is negative for alcohol. The Secretary of State will monitor the BAIID, and there is a camera installed on the device itself that takes a camera image of the driver while blowing into the BAIID.

How to Apply for an MDDP

Now that you know what an MDDP is, how can you apply for it? After the DUI charge, you will get a letter from the Secretary of State informing you whether you are eligible for an MDDP. Only first-time DUI offenders are eligible for an MDDP. However, you are not eligible (even as a first-time offender) if:

1. You are under 18 years old.
2. Your driver's license is invalid.
3. If death or bodily harm has resulted from the DUI incident.

The process for applying for an MDDP is fairly simple. You will need to send an application form back to the Secretary of State and pay the appropriate vendor fees.

Yes, you can be arrested for a DUI for non-alcohol-related substances, such as THC. If you refuse to take a chemical test for THC content or the chemical test indicates that you had 5 nanograms or more per milliliter of whole blood, then the Statutory Summary Suspension will be in effect.

An RDP is a restricted driving permit that allows you to drive during the pendency of your DUI if you have two or more DUI convictions or two or more statutory summary suspensions. A BAIID device is also required as part of your RDP. It is tougher to obtain an RDP than it is to apply for an MDDP. For one, you need to show that a hardship will exist if you cannot drive during the pendency of your case. Second, you need to provide a professional alcohol/drug evaluation and may need to provide remedial education or treatment. Additionally, an appearance in front of a hearing officer with the Secretary of State is required. A skilled and experienced driving under the influence lawyer can assist you with obtaining your RDP.

Just because a statutory summary suspension has taken effect doesn't mean you can't fight it. Under the right legal circumstances, the suspension can be rescinded. To contest a Statutory Summary Suspension, a Petition to Rescind must be filed within 90 days from the date you received the notice of suspension. Whether to proceed with the petition is a discussion you should have with your DUI attorney. Once the petition is filed, a hearing must take place within 30 days. If no hearing occurs within this time frame, a Trainor violation has occurred, which will automatically rescind the suspension and reinstate your driving privileges. Typically, the prosecution will try to schedule a court date within 30 days to avoid this violation.

To prevail in a Petition to Rescind hearing, you must prove one or more of the following:

• Lawful Arrest: The officer must have lawfully arrested you, which includes issuing citations for violating some Illinois law or ordinance, such as traffic tickets, in connection with your DUI.
• Reasonable Grounds: The officer must have had reasonable grounds to believe you were driving or in physical control of a vehicle while under the influence of alcohol or other drugs. This usually involves reasonable suspicion or probable cause, often stemming from traffic violations like improper lane usage or disobeying a traffic control device. If no probable cause or reasonable grounds existed for the initial stop, the suspension can be overturned.
• Proper Warning: The officer must have informed you that your driving privileges would be suspended if you refused to take the chemical test or if you took it and the result was 0.08% or higher.
• Test Results: You must prove that you did not refuse to take the test or that you did not have a blood alcohol content of 0.08% or more.

A statutory summary suspension for a CDL holder means the following:

• CDL privileges will be disqualified for a year for the first offense; and
• Lifetime disqualification for the second offense.

As a CDL holder, you may be eligible for an MDDP if you are a first offender, and you were driving a noncommercial vehicle.