Chicago Criminal Lawyer Blog
When someone is pulled over and charged with DUI in Chicago, the first consequence often isn’t a conviction—it’s the immediate threat of losing your driving privileges. Under Illinois law, a DUI arrest triggers an automatic civil penalty called a Statutory Summary Suspension. For many, this happens before their criminal case even gets going. It’s an aggressive process, and without quick legal action, you could find yourself unable to drive for months or even years.
Let’s take a closer look at what this suspension means, what your rights are, and how an experienced Chicago DUI defense attorney can challenge it in court and protect your license.
What Is a Statutory Summary Suspension?
A Statutory Summary Suspension is an automatic driver’s license suspension that takes place 46 days after a DUI arrest, unless it is successfully contested. It’s imposed by the Illinois Secretary of State, not by a judge or jury, and it applies even if you haven’t yet been found guilty of DUI.
Under 625 ILCS 5/11-501.1, there are two main situations that trigger this suspension:
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You refused to submit to chemical testing (such as a breath, blood, or urine test)
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You submitted to testing and failed, meaning your BAC was over 0.08% or you had drugs in your system
The length of the suspension depends on your driving history:
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First offense, test failed: 6-month suspension
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First offense, test refused: 12-month suspension
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Second or subsequent offense, test failed: 1-year suspension
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Second or subsequent offense, test refused: 3-year suspension
This penalty is separate from any criminal conviction. That means even if your DUI case is dropped or dismissed, your license could still be suspended unless you challenge the summary suspension through the courts.
How to Challenge the Suspension in Court
The only way to prevent the suspension from taking effect is to file a Petition to Rescind the Statutory Summary Suspension with the court. This must be done within 90 days of the date you received notice, which is usually the date of your arrest or the date you were given your license suspension paperwork.
At the hearing, your attorney can raise legal arguments such as:
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The officer didn’t have reasonable grounds to believe you were driving under the influence
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You were not properly warned about the consequences of refusing testing
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There were issues with how the breath or blood test was administered
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You weren’t under actual arrest when you were asked to take the test
This hearing is often your best chance to keep your license. But you have to act quickly and you need a skilled attorney who knows how to spot procedural violations and present your defense effectively in court.
How the DUI Arrest Process Leads to a Suspension
DUI arrests in the City of Chicago often begin with an alleged traffic violation: weaving between lanes, running a red light, or even something as minor as a broken taillight. Once pulled over, the officer may claim to notice signs of intoxication—bloodshot eyes, the smell of alcohol, slurred speech—and ask the driver to perform field sobriety tests.
If the officer believes you failed those tests or refused to take them, they will arrest you and transport you to the station. At this point, you’re read a “Warning to Motorist” advising you of the consequences of refusing chemical testing. If you refuse, or if you fail the test, the officer completes a form notifying the Secretary of State to initiate a statutory summary suspension.
From there, the clock is ticking. You have 46 days until the suspension takes effect and just 90 days to file your challenge. That’s why legal representation is essential from day one.
The Difference Between Criminal DUI and Civil Suspension
A DUI charge in Illinois is a criminal matter. It may be a Class A misdemeanor if it’s your first or second offense without aggravating factors, or a Class 4 felony or higher if it’s your third offense, or if there are injuries, minors in the vehicle, or if you were driving on a suspended license.
The criminal case involves prosecutors, arraignments, pretrial motions, and possibly a jury trial. You can be sentenced to jail, fined, or ordered into alcohol education programs.
The Statutory Summary Suspension, on the other hand, is a civil matter handled by the Illinois Secretary of State and the court that heard your arrest. It doesn’t require a conviction. It’s based solely on your refusal or failure to comply with testing. And it goes into effect unless a judge grants your petition to rescind it.
You can win the criminal DUI case and still face a suspension. You can also beat the suspension and still face trial for DUI. They are separate, and you need a lawyer who can handle both simultaneously.
Case Example: Beating the Suspension in a Chicago Courtroom
A client was arrested near the West Loop after an officer alleged that he failed to signal a lane change. The driver refused field sobriety tests and declined a breathalyzer at the station. He was served with a 12-month statutory summary suspension due to the refusal.
We immediately filed a petition to rescind. At the hearing, we reviewed dashcam footage from the squad car and proved there was no improper lane change. Without a legitimate reason for the stop, the judge ruled that the traffic stop was unlawful. That invalidated everything that followed—including the arrest and the refusal.
The court granted our motion, and the suspension was rescinded. The client regained full driving privileges and had more leverage to fight the criminal DUI charge, which was later dismissed due to lack of admissible evidence.
The Type of Evidence Used in These Hearings
Summary suspension hearings are all about procedure. The prosecutor must prove:
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The officer had reasonable suspicion to initiate the stop
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You were properly placed under arrest
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You were warned about the consequences of refusal
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The test was administered according to legal and scientific standards
We attack each element. We demand video footage, police reports, breathalyzer calibration records, and the officer’s training records. In many cases, officers fail to appear or testify inconsistently. When that happens, we move for immediate rescission.
Without a defense lawyer who understands these technicalities, you could lose by default—without knowing that the police paperwork was flawed.
How Pretrial Technical Violations Can Hurt Your DUI Case
In Chicago, many drivers released on bond after a DUI arrest must comply with pretrial services. This can include:
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Checking in with court services regularly
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Wearing a SCRAM ankle monitor
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Following a court-ordered curfew
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Attending DUI education or alcohol monitoring programs
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Making payments on time
Courts treat violations differently based on their severity. A missed check-in or late payment may trigger a warning, while repeated failures or leaving the house during curfew could result in bond revocation.
Judges take your compliance seriously. Even without a new arrest, multiple small violations can lead to stricter bond conditions or jail pending trial. That’s why our legal representation includes guiding you through compliance and defending you in court if you’re accused of violating your bond terms.
Legal Defenses to Summary Suspension in Illinois
Every case has its own facts, but common defenses we raise include:
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The stop was unlawful, and everything after should be suppressed
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You were not warned properly about refusal consequences
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The officer lacked reasonable suspicion to investigate DUI
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The breathalyzer was not properly maintained or calibrated
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You were not under arrest when asked to submit to testing
With each client, we look at the totality of circumstances, including video, police reports, and legal procedures. Many DUI stops in Chicago are based on weak or exaggerated claims. We use that to our clients’ advantage in court.
Why a DUI Defense Attorney Is Essential in These Cases
The law is harsh, the deadlines are tight, and the process is unforgiving. Most people don’t realize that public defenders do not handle civil license suspension hearings. That means if you rely solely on a public defender, you will lose your license unless you act independently.
An experienced DUI defense attorney will:
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File the petition to rescind properly and on time
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Demand and review all discovery materials
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Cross-examine the officer at the hearing
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File motions to suppress flawed evidence
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Protect your criminal record and driving status at once
I’ve handled hundreds of DUI and license suspension cases in Chicago, from the Daley Center to Skokie, Maywood, and Markham. I know what wins and what fails in Illinois courtrooms.
Chicago DUI Defense FAQs: Summary Suspension Edition
Is it possible to avoid license suspension after a DUI arrest?
Yes. If you act quickly and hire a lawyer to file a petition to rescind, you can challenge the suspension in court and potentially get your license back.
What if I refused the breath test? Can I still fight the suspension?
Absolutely. If the officer didn’t properly warn you or lacked probable cause, we can win a hearing even after a refusal.
How long do I have to file to challenge the suspension?
You have 90 days to file a petition to rescind, but the suspension kicks in automatically on the 46th day after your arrest. So the sooner you act, the better.
What happens if I miss the 90-day deadline?
You may lose your right to contest the suspension, meaning you’ll have to serve the full period of license loss.
Can I get a permit to drive during the suspension?
First-time offenders may qualify for a Monitoring Device Driving Permit (MDDP) which requires a breath alcohol ignition interlock device (BAIID). Repeat offenders usually are not eligible.
Can I challenge both the DUI and the suspension at the same time?
Yes, and we do. These are parallel legal issues, and winning the suspension hearing can help us negotiate or defeat the DUI charge.
Does my criminal DUI case automatically affect my license?
Not necessarily. You can lose your license even if you win the DUI case, and vice versa. That’s why a full defense strategy covers both.
Do police always appear at the suspension hearing?
Not always. If the officer fails to show, your attorney may be able to request that the suspension be overturned.
Can I represent myself at the suspension hearing?
It’s legally allowed, but extremely risky. The hearing is formal, involves legal argument, and the prosecution will be there with experience and training.
How does this affect my job or CDL?
If you hold a commercial driver’s license (CDL), even a first-time DUI or refusal can result in disqualification. That’s why immediate legal action is essential.
Why Choose The Law Offices of David L. Freidberg
I’ve spent decades defending DUI cases across Cook County and the surrounding areas. I handle both the criminal and civil components of DUI defense and file petitions fast to protect your rights. I know the local courtrooms, the procedures, and the defenses that succeed in Illinois.
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.
