DuPage County DUI Defense Lawyers
Summary Suspension
A Statutory Summary Suspension is a procedure providing for the suspension of a person’s driver’s license after failing a blood or breath test. A summary suspension is a common part of a DUI charge but is separate from the criminal hearing which establishes guilt for driving under influence. When a person is charged with DUI, they will have to attend a criminal hearing as well as a summary suspension if they wish to challenge the suspension, and it is important to note that the result of the criminal hearing has no bearing whatsoever on the summary suspension; the two are completely un-related. Any time a driver fails a chemical sobriety test or refuses to take a test altogether, the summary suspension will automatically go into effect 46 days after receiving notice of the suspension. People charged with DUI can request a hearing to challenge the license suspension in which case a judge will decide, otherwise the license will be automatically suspended.
DuPage County Driver’s License Suspension Attorneys
The length of the suspension will depend on several factors and the following list is a general guide showing how long you can expect your license to be suspended based upon your criminal history and blood or breath testing:
- 1st offense; Failed chemical testing = 3 month suspension, will be eligible for a driving permit on the 31st day of suspension.
- 1st offense; Refused to take chemical test = 6 month suspension, will be eligible for a driving permit on the 31st day of suspension.
- 2nd or subsequent offense within 5 year period; Failed chemical testing = 12 month suspension, not eligible for a driving permit.
- 2nd or subsequent offense within 5 year period; Refused to take a chemical test = 36 month suspension, not eligible for a driving permit.
Contact a DuPage County DUI Defense Attorney today to find out more information about driver’s license suspension!