Driving under the influence (DUI)–whether of alcohol, illegal drugs or a different intoxicating substance–is a serious offense that carries consequences. Aside from possible criminal charges, you could also lose your driving privileges. If you are pulled over for a moving violation in Illinois with a blood alcohol content (BAC) of 0.08 percent or higher, the officer may immediately suspend your driver’s license. The officer may also suspend your license if you refuse to take a chemical test.
This is called a statutory summary suspension. If your license is suspended in this manner, you must act quickly in order to avoid losing your driving privileges. Here is what will happen initially: When the officer suspends your license he will give you a receipt that allows you to continue driving for 45 days. That 45-day period is your opportunity to fight the charges; once that period is up (or if you do not prove your case), the suspension goes into effect. The length of your suspension depends on the reason for the summary suspension and whether or not you are a repeat offender:
- A first-time offender who submits to chemical testing and has a BAC of at least 0.08 percent will have his license suspended for six months.
- A repeat offender who submits to chemical testing and a BAC of at least 0.08 percent will have his license suspended for at least 12 months.
- A first-time offender who refuses chemical testing after he has been arrested for driving under the influence will have his license suspended for 12 months.
- A repeat offender who refuses chemical testing after he has been arrested for driving under the influence will have his license suspended for three years.
At the end of the suspension period, the offender must pay a fee in order to have his license restored.
A Statutory Summary Revocation
Your driving privileges may be revoked–rather than suspended–if you drove under the influence and caused an accident that resulted in personal injury or death. If, after arrest, you refuse to submit to chemical testing, then your license may be summarily revoked. The main difference between summary suspension and summary revocation is the process for having your driver’s license restored. If your privileges were revoked, you must:
- Attend a reinstatement hearing with the Secretary of State, who must approve the restoration of your driving privileges;
- File proof of financial responsibility;
- Pay the reinstatement fee; and
- Complete all necessary examinations.
Losing your driving privileges can be a life-altering punishment. Many of us rely on our cars to get us to work or to take our kids to school or to simply go to the grocery store. Having to rely on public transportation or ask for a ride can be a hassle, creating major complications in our already complicated lives. Clearly, the best way to avoid such consequences is to not drive under the influence. However, if you have been charged with a DUI and are facing a summary suspension or revocation, contact our Illinois DUI defense attorneys immediately. We can assist those in Chicago and the surrounding area.