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Summary Suspension Periods

All people arrested for DUI are subject to a period of suspension of their driver’s license. This suspension is a temporary suspension and differs from the potential revocation of driving privileges which is outlined in the Terms of Revocation section of this website. The suspension of the accused person’s driving privileges is called a Statutory Summary Suspension.

During an arrest for a DUI in Illinois the officer is required to inform the accused that they have to take a breath, blood, or urine tests to test for the presence of alcohol and intoxicating substance like narcotics. The officer will inform the accused that if they are a first offender and they refuse to take the test their license will be suspended for one year, however, if they take the tests and fail with an indication of .08 or more of alcohol or any narcotic in their system then the length of suspension is only 6 months. For a second offender the length of suspension is 3 years for refusal and 1 year for failing the tests. If unsuccessfully challenged, the suspension will begin 46 days after notice of the suspension is given.

WHAT THE OFFICER DOES NOT TELL THE ACCUSED IS THAT THEY HAVE A RIGHT TO A HEARING TO KEEP THEIR DRIVING PRIVILEGES.

See the Petition to Rescind Summary Suspension section herein for more information on maintaining a driver’s license without suspension.

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