The Short Answer
It depends on what happened during the DUI investigation. Illinois law can impose a statutory summary suspension or revocation based on chemical-testing results or refusal. This driver’s-license process is separate from the criminal DUI case.
Why Is It Called a “Summary” Suspension?
The process is tied to Illinois’s implied-consent law. After the required sworn report and notice, the Secretary of State can enter the suspension or revocation according to the statutory process without waiting for the criminal DUI case to be completed.
What Does Chemical Testing Have to Do With It?
The consequences can differ depending on whether a driver submitted to chemical testing, the test result, whether testing was refused or not completed, and whether the person qualifies as a first offender under the statute. The exact period should be confirmed from current law and the person’s driving history.
Is the Suspension the Same as a DUI Conviction?
No. A statutory summary suspension is an administrative driving-privilege consequence. A DUI charge is a criminal case. The two proceedings arise from the same incident but involve different legal questions and do not always have the same outcome.
Can a Statutory Summary Suspension Be Challenged?
Illinois law provides a judicial process for asking a circuit court to rescind a statutory summary suspension or revocation on specified grounds. The procedure is technical and time-sensitive, so the current statute and court schedule should be reviewed promptly rather than relying on a general website explanation.
Can Someone Drive During the Suspension?
Sometimes limited driving relief may be available under Illinois law, depending on eligibility, prior history and the type of suspension. The requirements can include additional licensing or monitoring conditions. Whether relief is available depends on the individual case.
Bottom Line
A statutory summary suspension can affect driving privileges even while the criminal DUI case is still pending. A DUI attorney can review the testing, warnings, police reports, driving history, notice and court deadlines that may matter in a specific case.
The firm can review the DUI charge, chemical-testing records, suspension notice, driving history and other facts that may affect the driver’s-license process.
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