A statutory summary suspension in Illinois provides for the automatic suspension of someone's driver's license should the individual fail a blood alcohol test or refuse to submit to a test.
Statutory summary suspensions are automatic and typically effective on the 46th day from the date of the suspension notice, as explained by the Illinois Secretary of State.
You should remember that a license suspension is separate from the criminal penalties you face for a DUI. So even if you have your criminal charges dropped, you still could face a driver's license suspension.
When the Statutory Summary Suspension Applies
The summary suspension generally applies in two circumstances:
- refusal to take a chemical test
- testing over the legal limit of 0.08
However, if a person has a blood alcohol content above 0.05 and there is additional evidence at the DUI stop such as an open container, the individual may still lose his driver's license.
Length of Suspension for Failing BAC Test
The length of your driver's license suspension depends upon your prior history of drunk driving offenses.
If this is your first offense, you face a suspension of driving privileges for six months. However, you may be eligible to install an ignition interlock device on the 31st day of the suspension.
For a second or subsequent offense within five years of the most recent arrest, you face a one-year driver's license suspension and you may not be eligible to participate in the ignition interlock device program.
Length of Suspension for Refusing a BAC Test
Your penalty for refusing a BAC test also depends upon your prior history.
If this is your first offense, you face a one-year driver's license suspension. You may be eligible to install an ignition interlock device on your 31st day of suspension.
For a second or subsequent offense, you face a driver's license suspension for three years without eligibility for an ignition interlock device.