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Illinois Statutory Summary Suspension (SSS)
In Illinois, a Statutory Summary Suspension (SSS) is an administrative act taken by the Secretary of State against a DUI offender’s driver’s license. If during the course of a DUI arrest, the alleged offender refuses to take the chemical testing or fails the chemical testing, the offenders driving privileges will be suspended.
The Statutory Summary Suspension goes into effect 46 days after the arrest for DUI.
Length of Suspension
The length of the statutory summary suspension is based on two things. Firstly, is the person a first offender? Secondly, Did the offender fail the test or refuse the test.
If a first offender takes the test and fails, they will have a 6-month suspension. If the offender doesn’t take the test, they will have a 12-month suspension. If the person is not a first offender and fails it will be a 12-month suspension. If that same person refuses it is a 36-month suspension.
Driving Relief During Suspension
First offenders will be eligible to get a BAIID installed in their vehicle which allows them to drive during the suspension period. They first must obtain a Monitoring Device Driving Permit (MDDP) and then install the BAIID. Non-first offenders do not qualify to get a MDDP.
Important Suspension Information
A huge misconception is that if you get your DUI case dismissed, then your license is reinstated and the suspension goes away. This is not the case. The DUI itself is a criminal case, while the Summary Suspension is an Administrative action. An experienced DUI attorney can challenge the Suspension in court through a hearing after filing a Petition to Rescind. The request for a hearing must be filed within 90 days after the offender received a Notice of Summary Suspension. Time is of the essence.
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