Statutory Summary Suspension and Illinois

A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a person’s BAC was .08 or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of more than .05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one.