Chicago Drivers and the Hidden Consequences of Illinois’ Statutory Summary Suspension After DUI
In Chicago, the moment you’re arrested for DUI, two cases start against you: one in criminal court and one in the form of a Statutory Summary Suspension. While the criminal case determines guilt or innocence, the suspension can strip you of your license before the criminal matter is resolved.
Understanding the Suspension Law
Illinois statute 625 ILCS 5/11-501.1, paraphrased here, requires the Secretary of State to suspend your license if you are arrested for DUI and either fail or refuse chemical testing. For a first arrest, failing the test generally means a six-month suspension, refusing means twelve months. If you have a prior DUI-related suspension in the last five years, the penalties increase significantly — twelve months for failing, three years for refusing.
This suspension is separate from any punishment for DUI. It begins 46 days after you receive written notice from the officer, unless you request and win a court hearing to rescind it.
Fighting the Suspension
A Petition to Rescind the Statutory Summary Suspension is your tool for fighting this penalty. At the hearing, your lawyer can challenge the stop, the arrest, the testing methods, or the warnings given to you. Evidence might include squad car video, body camera footage, test results, or witness statements.
In Cook County, hearings are time-sensitive. Missing the filing deadline means the suspension will start automatically, leaving you without a license for months or even years.
Criminal DUI Consequences
The criminal case runs alongside the suspension process. A misdemeanor DUI in Illinois can mean up to a year in county jail, steep fines, probation, alcohol education, and community service. Felony DUIs can bring years in prison and long-term loss of driving privileges. Even if you avoid jail, the conviction will remain on your record permanently.
Fictional Case Example
A Chicago driver is stopped for allegedly running a red light. The officer claims the driver failed field sobriety tests and blew over the legal limit. The driver’s attorney examines the body camera footage and finds the light was green when the driver entered the intersection. The attorney challenges the validity of the stop at the suspension hearing. The judge agrees, and the suspension is rescinded. The criminal case is also impacted, as the prosecution’s credibility is weakened.
Why Legal Representation Matters
Without an attorney, you may not know the evidence you’re entitled to or the arguments that can be made in your favor. An experienced DUI defense lawyer can spot problems in the state’s case, file the right motions, and protect your rights in both the suspension hearing and the criminal case.
The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we have decades of defending clients charged with DUI and other criminal offenses in Chicago and throughout Cook, DuPage, Will, and Lake Counties. We know how DUI checkpoints are supposed to operate and where law enforcement often makes mistakes.
When You Need a Fighter, Call Us
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.