A little more about Illinois’ DUI Summary Suspension Law

1.    The suspension cannot be stayed.  The summary suspension is automatically scheduled to begin on the 46th day you received the “notice of summary suspension” form. (Though it may be possible to win a rescission of your suspension prior to your suspension going into effect).

2.    You have only 90 days from the date that you receive a “Notice of Summary Suspension” to file your Petition to Rescind with the appropriate court of venue.

3.    You are entitled to a hearing challenging your suspension, within 30 days of filing a Petition to Rescind or on the first court date as set by the tickets.  Failure of the the State or Court to provide you with a timely hearing can lead to rescission of your suspension.

4.    Even if you file a Petition to Rescind, you can still request a Monitored Device Driving Permit (“MDDP”) as a back-up contingency.

5.    The statutory summary suspension law does not apply to vehicles on purely private property.  (But you can still be prosecuted for a DUI on private property).  However, if you drove on a public road before pulling into a private lot to park, then the law applies

6.    Just like you don’t have to be driving get a DUI, you don’t have to be driving to get a summary suspension.

7.    If you are a “repeat offender” (i.e., two or more DUIs or summary suspensions within five years), you cannot obtain any type of restricted driving permit — even if you were found not guilty of the underlying DUI.

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