Close X

Statutory Summary Suspension Illinois

Your license is suspended automatically after a DUI arrest in Illinois. This happens through the Statutory Summary Suspension - a civil process separate from your criminal case. You have only 90 days to challenge this suspension. At Stavros Law Offices, we fight to rescind your suspension and protect your driving privileges.

How Summary Suspension Works

Under 625 ILCS 5/11-501.1, when you are arrested for DUI in Illinois:

  • The officer confiscates your license
  • You receive a temporary driving permit (valid 46 days)
  • On Day 46, your suspension begins automatically

Suspension Periods

First-Time DUI (no prior suspensions within 5 years)

  • Failed breath test (0.08%+): 6-month suspension
  • Refused breath test: 12-month suspension

Prior DUI/Suspension within 5 years

  • Failed breath test: 12-month suspension
  • Refused breath test: 36-month suspension

Challenging the Suspension: Petition to Rescind

You can challenge your summary suspension by filing a Petition to Rescind. Grounds include:

  • No reasonable grounds for arrest
  • Officer failed to give proper warnings
  • No valid breath/blood test request
  • Equipment or procedural errors

Critical: You must file within 90 days of the Notice of Suspension.

MDDP: Keep Driving During Suspension

First-time offenders may qualify for a Monitoring Device Driving Permit (MDDP):

  • Drive anywhere, anytime during suspension
  • Requires BAIID (breath device) installation
  • Available only for first summary suspension

Why Hire a DUI Attorney?

  • File Petition to Rescind properly and on time
  • Challenge the evidence at hearing
  • Protect your driving privileges
  • Coordinate with criminal defense strategy

Act Now - 90 Day Deadline

Do not wait. Every day counts when fighting your license suspension.

Call (847) 520-4810

Free Consultation | Available 24/7 | Se Habla Espanol

Call today for a free consultation

847-520-4810

Click to Make a Payment

Contact Us Today

Primarily practicing in the following counties: ​Lake, Cook, McHenry, Kane, Will, DuPage, ​DeKalb, Boone and Kendall Counties

Office Location

433 N. Milwaukee Ave
Wheeling, IL 60090
847-520-4810

Monday - Friday: 9:00 AM- 5:00 PM
Saturday: By Appointment