Cook County DUI Attorneys
Defense Representation at Summary Suspension Hearings
After a driver has been arrested for DUI, the police officer will confiscate his or her driver’s license. Soon after, the officer will prepare a report and present the driver with a copy of it entitled “Notice of Summary Suspension.” This notice states that, after 46 days, the Illinois Secretary of State will enter a suspension. In some cases, a person’s driver’s license may only be suspended for six months, where in other cases a license may be suspended for up to three years. Nearly all drivers will face a statutory summary suspension for failing or refusing a breath or blood test.
Although people are still permitted to drive during the 45-day period before the suspension goes into effect, their licenses will ultimately end up being suspended unless they challenge the suspension at a Summary Suspension Hearing. To challenge a suspension, drivers must file a petition with the Clerk of the Circuit Court where the case will be heard. However, it’s important for people to file this petition as soon as possible. Drivers only have 90 days to file their petition; failure to do so will waive their right to challenge their suspension.