DUI-Related Statutory Summary Suspensions

 Posted on June 26, 2015 in DUI

Nearly everyone understands the driving under the influence is against the law, and a DUI conviction can lead to serious criminal consequences. What many may not realize, however, is that certain administrative penalties may also be imposed by the state, regardless of the outcome of DUI criminal proceedings. The most significant of such penalties is the statutory summary suspension of driving privileges which, in Illinois, is handled by the Office of the Secretary of State.

When Suspensions May Be Imposed

If you have been pulled over on suspicion of DUI, there are several situations in which you could automatically have your driver’s license suspended. The length of the statutory suspension is dependent on your choices and your previous history of DUI-related suspensions. Your license will be automatically suspended if you:

• Refuse chemical testing: An officer on the scene may ask you to submit to blood alcohol content (BAC) testing or other chemical tests to detect the presence of drugs in your system. Failure to comply with the officer’s request will result in the statutory summary suspension of your license for one year. A subsequent refusal—as in a separate incident, not being asked twice during the same stop—will result in a three year suspension of driving privileges with no driving relief available;
• Fail chemical testing: If the results of your BAC test show a concetration of .08 percent or higher, or if any trace of illegal drugs is found, your license will be automatically suspended for six months. A second offense within five years will cause a one year suspension without the possibility of driving relief.

Driving Relief

For many drivers, a DUI-related suspension of driving privileges can create serious hardships in attending to normal activities of daily life. Without decreasing the gravity of DUI allegations, Illinois has created an avenue which may allow you to drive legally after the first 30 days of your suspension. The program involves the use of a breath alcohol ignition interlock device, or BAIID, which will not allow your vehicle to start if you attempt to drive while over the legal BAC limit. The BAIID program is designed to help you legally continue to work, attend school, or transport your children as necessary despite your summary suspension.

Legal Help for Your Case

If you have received a license suspension, you may options available to you in addition to driving relief programs. An experienced Illinois criminal defense attorney can help you challenge your suspension when appropriate or find other means of reducing the impact of such penalties. Contact our office today to schedule a free initial consultation and find out what our team can do for you.