What Is A Summary Suspension?

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 blood alcohol content (BAC) was .08 percent 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 the 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 or her Illinois driving privileges will be suspended.

A statutory summary suspension does not apply to a person with a BAC of less than .08 percent. If a person has a BAC of more than .05 percent 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 or her CDL privileges will be disqualified for one year.

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