After an arrest, many Illinois drivers are surprised to learn that winning their DUI case in court doesn’t necessarily mean that they will get to keep their driver’s license and there are steps drivers have to proactively take to ensure they don’t lose their ability to drive, regardless of the outcome of the criminal case. In addition to the criminal case, which is generally prosecuted by the State’s Attorney’s Office in the county or a local municipal prosecutor, in most cases the Secretary of State’s Office will take action through a second administrative process known as a “Statutory Summary Suspension,” or SSS, on a defendant’s driver’s license of who either failed or refused chemical testing after a DUI arrest. Local courts can then hear challenges or petitions seeking to rescind the statutory summary suspension, which is considered a civil proceeding. Under Illinois’ implied consent framework, every person who drives on Illinois roads has already given implied consent to testing for a DUI, and a refusal can elongate any term of suspension from 6 months to a year for first time offenders, with longer suspensions for repeat offenders.
This procedure doesn’t begin immediately, but will take effect after an individual has the ability to challenge their suspension in court. Unlike a criminal case, which requires proof beyond a reasonable doubt, the SSS doesn’t require a finding that the driver was actually impaired, but will be upheld if the officer had reasonable grounds to believe the driver was under the influence, if the driver was properly placed under arrest, if the driver was properly advised of the consequences of submitting to or refusing testing, and if the driver then failed or refused the test. Because the burden of proof and the legal questions are held to different standards, it’s entirely possible to beat a DUI criminal charge while the suspension is upheld under the aforementioned circumstances or proper challenges are not timely filed to the summary suspension. The evidence obtained that led to a summary suspension could also be challenged as illegally obtained in violation of a driver’s constitutional rights. In order to challenge a summary suspension a defendant driver must file a Petition to Rescind in court. If the defense never files the petition, or files one but doesn’t prevail at the subsequent hearing, the suspension will go into effect regardless of the outcome in the underlying criminal case. For first time offenders, so long as their driving didn’t cause death or great bodily injury, Illinois drivers can seek permission to drive during the course of their suspension if they install a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicle, subject to certain restrictions and exclusion.
If you or a loved one has been arrested for DUI in Illinois, don’t assume that fighting the criminal charge is the only battle. The summary suspension of a license is a separate threat to your driving privileges, and it requires its own strategy and has different procedural requirements. An experienced criminal defense attorney can evaluate both sides of the case, the criminal charges and the summary suspension, and determine the best approach for protecting your rights, your ability to drive and generally looking out for all your interests including your liberty.
