26 Dec What is a Statutory Summary Suspension? Is there any hope to get my license back?
A Statutory Summary Suspension is a civil consequence of a DUI based on the driver’s refusal to provide a breath, urine, or blood sample the night he or she was arrested. Since driving is a privilege, not right, under Illinois Criminal Law, when you get a license you are consenting to provide a breath, urine, or blood sample when the police believe you are intoxicated. It’s called implied consent and there are consequences for Illinois drivers. If you refuse to provide a breath, urine, or blood sample, your license will be suspended for a longer time than if you provided a breath, urine, or blood sample. Your license will still be suspended if you provide a sample but for a shorter period of time.
Don’t Lose Hope
An experienced DUI attorney can help. An attorney can file a Petition to Rescind this Statutory Summary Suspension. Timing is of the essence and this petition must be filed as soon as possible. The suspension of your driver’s license will go into effect 45 days after notice was given. Under the law there are five ways to attack the Statutory Summary Suspension and get your license back:
- The driver was not properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois Vehicle Code (DUI) or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket to other form of charge.
Timing Is Critical
An experienced DUI attorney will investigate the arrest by the officer and make sure all rules and regulations were followed. If the driver wasn’t properly placed under arrest, the petition should be granted.
- The arresting officer did not have reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof.
An experienced criminal defense attorney will make sure the police officer can prove to the court that the driver was under the influence. Most petitions address this issue and it is a great opportunity for a DUI attorney to use information received during this hearing to beat your DUI.
- The driver was not properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1(c) of the Illinois Vehicle Code.
In The Details
An experienced DUI attorney will study the documents in the court file and make sure that there are records to support that the officer provided you with this information the night of the arrest. If the officer did not read the warnings to the motorist before the officer requested the driver to provide a breath sample, the petition should be granted and the driver will get his or her license back.
- The driver did not refuse to submit to and/or complete the required chemical test or tests, pursuant to 625 ILCS 5/11-501.1(d) of the Illinois Vehicle Code, upon the request of the arresting officer.
An experienced DUI attorney explores the documents and facts regarding the night of the arrest. Based on the driver’s memory of the night and the police officer’s documents, the court could determine that the driver did not refuse to submit to and complete chemical testing. If that is the case, your license will not be suspended.
- The driver submitted to the requested test or tests but the test sample of blood alcohol concentration did not indicate a blood alcohol concentration of 0.08 or more.
An experienced DUI attorney needs to review the police report and the breathalyzer data as soon as possible to be ready for a hearing, sometimes within seconds, on the first court date.
Get An Experienced Lawyer
At the end of the day, you need an experienced criminal defense attorney on your side who can review these materials quickly yet thoroughly. Contact me today and remember that time is of the essence!