Exploring Illinois DUI and Statutory Summary Suspensions

Being convicted of driving under the influence means you might have to face some rather daunting penalties. Even a run-of-the-mill DUI conviction in Illinois can carry lengthy jail time, hefty fines and a loss of driving privileges. These are all criminal penalties, but unbeknownst to some people, you can also face civil penalties for violations of Illinois’ DUI laws that can affect your day-to-day life in many ways. One of these civil penalties of DUI is a statutory summary suspension, which can cause you to temporarily lose your driving privileges.

Like all states, Illinois has an implied consent law, which states that all those who are driving on Illinois roads or hold an Illinois driver’s license have given their implicit consent that police may perform a chemical test on their blood, breath or urine if police have reason to suspect that the person was driving while under the influence of alcohol or other drugs. The statutory summary suspension policy allows the Illinois Secretary of State’s Office to suspend the driver’s license of any person who fails a chemical test, refuses to take a chemical test or does not finish a chemical test.

Failing a chemical test means that you were found to have a blood-alcohol concentration (BAC) of .08 or more, a THC concentration of 5 nanograms or more per milliliter of whole blood or a trace of any other type of drug, legal or illegal. Failing a chemical test a first time will result in a six-month driving suspension. Failing a chemical test a second or subsequent time within five years of the first means you will face a one-year driving suspension.

If you refused to take a chemical test, the consequences are even steeper. The first time you refuse to submit to a chemical test, you will face a year-long driving suspension. If you refuse to take a chemical test a second or subsequent time within five years, you will face a three-year driving suspension.

Punishments for any DUI-related charge are serious – even a civil penalty like the statutory summary suspension. If you are facing a statutory summary suspension as part of a DUI case, you need a seasoned Orland Park DUI defense attorney to provide the best defense possible. At the Law Office of John S. Fotopoulos, P.C., we can help you with your DUI case every step of the way. It all starts with a phone call – call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Drive Illinois