Do I Have Any Recourse For Statutory Summary Suspension?

 Posted on December 17, 2014 in Uncategorized

If you have been arrested for DUI in Illinois, the arresting officer may ask that you submit to chemical testing to confirm the presence of drugs or alcohol in your system. If you refuse to submit to the testing, you can receive a driving suspension for 12-36 months. Likewise, if you submit to the testing and the test confirms blood alcohol concentration levels of .08 or above, you could receive a 6-12 month suspension of driving privileges.

If you have been affected by a statutory summary suspension, these requirements will terminate once the minimum period passes and once you have paid the $250 reinstatement fee. After your first arrest, you will have to pay a $500 reinstatement fee.

A revocation of a driver's license can be administered by the Secretary of State in conjunction with information from state attorneys located at the county level. You could have your driving privileges revoked without a hearing if the Secretary of State's office deems that it has gotten sufficient evidence from one of these attorneys. A driver might have recourse to contest the results through an administrative hearing.

You can request that a judicial hearing be held to challenge your statutory summary suspension or revocation within 90 days after the date of notice. Five issues can be explored with regard to hearing: whether you were arrested properly, whether the driver refused to submit to chemical testing, whether there were reasonable grounds to suggest that the driver was under the influence, whether the driver's chemical tests showed evidence of drugs or alcohol, and whether the driver was involved in a crash that led to personal injury or death. Having your driving privileges revoked is a serious consequence. If you plan to request a judicial hearing, you need to speak with an experienced Joliet criminal defense attorney so that you are prepared for the hearing.