Petition to Rescind Statutory Summary Suspension

Posted on June 30th, 2020 by Laura Peters

Under Illinois law, a person’s driving privileges will automatically become suspended 46 days after he/she is arrested for DUI. This is known as a statutory summary suspension. If you or a loved one have been charged with a DUI, contact Giannola Legal LLC’s criminal defense lawyers in DuPage County, Illinois, and the surrounding counties.

Factors that Determine Length of Suspension

The length of the suspension depends on a number of factors. First offenders that refuse chemical testing at the request of the police will automatically be suspended for one year. First offenders that submit to testing resulting in a .08 BrAC or higher will automatically be suspended for six months. For a second or subsequent DUI offense, drivers that refuse chemical testing will be subject to a suspension of their driving privileges for three years. Similarly, those second or subsequent offenders that submit to chemical testing resulting in a .08 BrAC or higher will face a one-year suspension of driving privileges. Before the suspension goes into effect, you will receive a confirmation of summary suspension.

Can I Challenge my Suspension?

If you would like to challenge your suspension, you must file a Petition to Rescind Statutory Summary Suspension with the court where your DUI is pending within 90 days of receiving the confirmation of summary suspension. In the petition, you must be able to state a specific reason why the suspension is unjustified. It’s important to consult an experienced criminal defense lawyer in DuPage County, Illinois, like the attorneys at Giannola Legal LLC because there are specific and often complicated requirements for what to allege in the petition.

Once you have filed the Petition, you have a right to a hearing within 30 days, or on the first court date. The hearing will basically be like a little trial – you will present evidence about why the summary suspension should be rescinded and the prosecutor will put on evidence about why you shouldn’t get your license back.

The attorneys at criminal defense lawyers in DuPage County, Illinois, at Giannola Legal LLC have experience with evaluating DUIs on a case by case basis. We can help you determine if a statutory summary suspension hearing is right for you and can help you navigate the entire process from drafting and filing the Petition to Rescind all the way through the hearing.

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