This is also known as Illinois Statutory Summary Suspension and Implied Consent.
Under Illinois law, the only thing an individual is required to do when stopped by the police for a suspected vehicular infraction is produce a valid driver’s license and proof of insurance. You are not required to submit to field sobriety tests, such as the Walk and Turn or One Leg Stand, or to chemical testing, such as a Breathalyzer test. However, refusal to submit to chemical testing will result in the automatic summary suspension of your driver’s license.
The penalties of Summary Suspension are as follows:
- Failing a blood alcohol or drug test, for a first time offender, results in a 6 month suspension.
- Refusal to submit to drug or alcohol testing, for a first time offender, results in an automatic 12 month license suspension.
- Failing a blood alcohol or drug test, for second time offenders, results in a one year suspension.
- Refusal to submit, for second time offenders, results in a three year suspension.
If you are charged with a DUI and have a valid driver’s license, the summary suspension of your license will occur 46 days after your arrest. You will be allowed to drive during that 46 day period. You have the right to challenge the summary suspension of your license. The challenge must be filed within 90 days of the notice of suspension, which is issued by the Illinois Secretary of State’s office. To challenge the summary suspension, you need to request a hearing and put on any witnesses that you want including the police officer that pulled you over.
There are four grounds for the challenge:
- The police officer did not have reasonable grounds to stop the driver.
- The police officer did not have reasonable grounds to request a breathalyzer.
- The driver did not refuse to take the breathalyzer test.
- The driver took the breathalyzer and the result was less than .08.
The video of the field sobriety test and the entire arrest can be used to challenge the suspension.
If you do not challenge the summary suspension or challenge and lose, first time offenders may qualify for a Monitoring Device Driving Permit. This allows you to drive while your license is suspended if your vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). First time offenders must apply for this permit and pay for the cost of the BAIID.