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Statutory Summary Suspension Lawyer in Itasca

Wood Dale DUI License Suspension Attorney

DuPage County DUI Defense Attorney

In the state of Illinois, if you fail or refuse a blood alcohol content (BAC) test subsequent to your arrest on suspicion of driving under the influence (DUI), your driver's license will be subject to an automatic suspension. Called a "statutory summary suspension," this suspension applies in addition to any criminal penalties that you could be facing for a conviction on the DUI charges. At Ana M. Mencini & Associates, P.C., our skilled lawyers offer aggressive representation for criminal defendants who have failed or refused to take a BAC test and are now facing a statutory summary suspension.

Experienced Attorneys Advocating For Your Rights in Bensenville

It is against the law to be in "actual physical control" of a vehicle while under the influence of alcohol in Illinois. If a law enforcement officer suspects that you are driving while intoxicated, the officer will likely ask you to submit to a series of tests, including field sobriety tests and a preliminary BAC test—typically done using a portable breathalyzer machine. Based on the results of these tests and other observations made by the officer, you could be arrested on suspicion of DUI.

Upon your arrest, you will be asked to submit to a BAC test again. In most cases, this test will be performed at the police station using a non-portable breath analyzer, but a blood test may be requested instead. If this test shows a BAC of 0.08 or higher, you are considered to have failed the test, and you will be subject to a six-month statutory summary suspension of your driver's license for a first offense. A second failed test within five years results in a one-year statutory summary suspension. The suspension will take effect on the 46th day after the date of the suspension notice—which is typically immediately after your arrest.

Many drivers believe that they can avoid DUI charges by refusing to take a BAC test. In Illinois, however, anyone who drives a vehicle on public roads is deemed to have given his or her consent to BAC testing after a DUI arrest. This so-called "implied consent" law gives the state the authority to impose certain administrative penalties on anyone who refuses to take a breath, blood, or urine test. If you refuse to take a chemical BAC test, your driver's license will be suspended for one year. A second refusal in five years or a refusal with a prior DUI conviction on your record will result in a statutory summary suspension for three years.

Understanding Your Options

It is important to keep in mind that a statutory summary suspension is not considered to be a criminal penalty. This means that the suspension will apply even if you are acquitted of the DUI charges or the charges are dropped. While refusing a BAC test automatically results in a statutory summary suspension, refusing such a test may be in your best interest. Refusing the test means that prosecutors will not have a quantifiable BAC result to use against you during your DUI case. At Ana M. Mencini & Associates, P.C., we know that such evidence is often critical to the prosecutor's case, so refusing a test could potentially help you avoid a conviction.

Regaining Your Driving Privileges

Depending on the situation, we may be able to help you challenge a statutory summary suspension before it goes into effect. Police officers must follow very specific protocols, or the suspension could be overturned at a suspension hearing. Our team will help you analyze your situation and understand your available options.

If avoiding the suspension is not possible, we will work to get you back on the road as quickly as possible. For example, you may qualify for a Monitoring Device Driving Permit (MDDP). If you participate in the MDDP program, you will need to have a breath alcohol ignition interlock device (BAIID) installed on your vehicle. Another driving relief option you may qualify for is a Restricted Driving Permit (RDP), which allows you to drive at specific times in specific areas.

Let Us Help

Being arrested for possible DUI can be an overwhelming and confusing experience. For help, contact our office. Call 630-875-1700 today and schedule a free consultation. Our firm serves clients in the Cook, DuPage, Kane, and Will County areas, including but not limited to Itasca, Elk Grove Village, Rolling Meadows, Wheaton, Schaumburg, Wood Dale, Addison, Cook County, and the surrounding communities.

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