After a DUI arrest, only certain people will be able to drive during their statutory summary suspension. But even if you win, that does not mean you will win your criminal DUI case. And if you lose your criminal case, your license can still be suspended or revoked at that time, depending on the circumstances.
Subsequently, one may also ask, what is a summary suspension hearing?
The first concen one faces when charged with a DUI is the pending Statutory Summary Suspension ("SSS"). This is an administrative suspension that takes effect 46 days after the Notice of Suspension is issued. The SSS law affords the subject of the suspension a hearing to contest its issuance.
Similarly, what is a statutory summary suspension in Illinois? In the most basic definition, a summary suspension is an administrative action carried out by the Illinois Secretary of State on your Illinois driver's license, which results in suspension of your driving privileges for a period of time. It occurs separately from any criminal penalties in a DUI case.
Consequently, what is statutory summary suspension law?
A statutory summary suspension is an administrative action taken by the Secretary of State on a person's Illinois driving privileges. The summary suspension is a civil penalty that is separate and independent from the DUI criminal offense.
How long is license suspended for DUI in Illinois?
For a first DUI conviction, your driving privileges will be suspended for one year, unless you are under 21 years old, and then your license is suspended for two years.
What does petition to rescind mean?
The only way to challenge the suspension is to file a petition to rescind in the circuit court of venue. The defendant must file the petition to rescind in the county courthouse in which the arrest took place. The petition to rescind is perhaps the most important part of defending a DUI case.What does order of rescind mean?
transitive verb. 1 : to take away : remove. 2a : take back, cancel refused to rescind the order. b : to abrogate (a contract) and restore the parties to the positions they would have occupied had there been no contract. 3 : to make void by action of the enacting authority or a superior authority : repeal rescind an act.What is a warning to motorist?
Another piece of paper will be entitled “Warning to Motorist”. This is a paper that you sign before you took your Breathalyzer Test. It warns you about what will happen if you submit to a Breathalyzer Test and what will happen if the B.A.C. is .How long does it take to get a restricted driving permit in Illinois?
10-14 weeksWhat is a sworn report?
When arrested the Police Officer will "usually" fill out a document called the "Sworn Report" The sworn report is the document that supports the imposition of the Statutory Summary Suspension (driver license suspension).What is the charge for a DUI in Illinois?
For a Conviction of a DUI in Illinois, You Could Pay… For a misdemeanor drinking and driving offense (most first and second DUI offenses), the maximum fine is $2,500. For a third or subsequent offense, or for aggravated DUI offenses, the maximum fine is $25,000.How much does it cost to reinstate your license in Illinois?
A $70, $250 or $500 reinstatement fee for a suspension or a revocation can be paid by mail with a check, cashier's check or money order made payable to the Secretary of State with the affected driver's license number written on the front of the fee.How do I get my license reinstated in Illinois?
How Do I Get My License Back?- Have kept a clear driving record.
- Have an alcohol/drug evaluation.
- Complete an alcohol/drug remedial education program.
- Meet with a Secretary of State hearing officer.
- File proof of financial responsibility.
- Pay the $500 reinstatement fee and application fee.
