When a driver is arrested or stopped by the police on suspicion of driving under the influence of either drugs or alcohol, he or she risks having his or her license suspended or revoked. Illinois is an implied consent state when it comes to taking sobriety tests. This means that by driving on Illinois roads and highways, a driver is consenting to be tested for the presence of drugs or alcohol that may cause a driver to be arrested for a DUI. The driver can always refuse to be tested, and depending on the circumstances, the refusal can lead to a statutory summary suspension, or in some cases, summary revocation.
Unlike a statutory summary suspension, which is a temporary taking away of a driver’s license or driving privileges under Illinois statute 625 ILCS 5/1-204, a statutory summary revocation is a termination of a driver’s license or driving privileges under Illinois law 625 ILCS 5/1-197.6. Both suspension and revocations, as described here, are referred to as statutory and summary because they are immediate actions that happen automatically under the law. In most cases, there is no hearing before the suspension or the revocation, the hearings come after the suspension or revocation has already occurred.
Statutory Summary Suspension and Summary Revocation
A statutory summary suspension occurs when a driver either refuses to take, fails to complete, or fails a sobriety test. A statutory summary revocation can occur if a driver, who is involved in a car accident in which another person is injured or dies, refuses to submit to or fails to complete sobriety testing following the accident and an arrest for DUI. This summary revocation would happen even if the driver is charged with reckless homicide for the accident, and then subsequently acquitted. A driver may be granted a hearing up to 90 days after the suspension or revocation, in order to fight the loss of their license.
The only way a driver can reinstate a license after revocation is through a long and often expensive process. First, the driver has to be approved for reinstatement after an administrative hearing with the Secretary of State. If approved for reinstatement, the driver has to complete any required drug or alcohol evaluations, show proof of financial responsibility, and pay a reinstatement fee. The driver must also submit an Alcohol/Drug Evaluation Report, completed after his or her most recent DUI arrest. The report must include the driver’s entire drug or alcohol history, and be prepared by an agency licensed by the Division of Alcoholism and Substance Abuse (DASA). There may also be additional requirements based on specifics of the individual case. In addition, the driver cannot have pending traffic tickets at the time of the hearing, unless any pending ticket is the only cause of the current revocation the hearing is to address.
Contact an Chicago DUI Attorney Today
Having an experienced and zealous DUI defense attorney can make the difference in whether or not you are successful at a hearing to reinstate your license after either suspension or revocation. Contact Chicago DUI attorney Steven Goldman for a consultation on your case.