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summary suspension law
NOTE:
This Illinois Statute
is provided as a service to educate the general public only. It is not
intended as an endorsement or inducement of the unauthorized practice
of law. As with all legal matters one must research the most current
statement of the law in the Illinois Compiled Statutes and the
research the applicable case law interpreting the provision of the law
in question prior to determining a legal positions. In order to
protect your legal interest you should consult with a practicing
attorney.
Warning:
The Illinois Summary Suspension
Law provides for a judicial license suspension on the 46th day
following a DUI arrest if the arrested motorist either refused breath,
blood, or urine testing or submitted to testing that disclosed an
alcohol concentration of 0.08 or more or discloses a trace of
marijuana or a controlled substance that is the result of unlawful use
of marijuana or a controlled substance.
The Summary Suspension Law
The Illinois Summary Suspension law
provides in pertinent part as follows:
Suspension of drivers license;
Statutory summary alcohol or other drug related suspension; Implied
consent.
(a) Any person who drives or is in
actual physical control of a motor vehicle upon the public highways of
this State shall be deemed to have given consent, subject to the
provisions of Section 11-501.2, to a chemical test or tests of blood,
breath, or urine for the purpose of determining the content of
alcohol, other drug, or combination of both in the person's blood if
arrested, as evidenced by the issuance of a Uniform Traffic Ticket,
for any offense as defined in Section 11-501 or a similar provision of
a local ordinance. The test or tests shall be administered at the
direction of the arresting officer. The law enforcement agency
employing the officer shall designate which of the aforesaid tests
shall be administered. A urine test may be administered even after a
blood or breath test or both has been administered. For purposes of
this Section, an Illinois law enforcement officer of this State who is
investigating the person for any offense defined in Section 11-501 may
travel into an adjoining state, where the person has been transported
for medical care, to complete an investigation and to request that the
person submit to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform Traffic
Ticket for an offense as defined in Section 11-501 or a similar
provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic
Ticket shall not constitute an arrest, but shall be for the purpose of
notifying the person that he or she is subject to the provisions of
this Section and of the officer's belief of the existence of probable
cause to arrest. Upon returning to this State, the officer shall file
the Uniform Traffic Ticket with the Circuit Clerk of the county where
the offense was committed, and shall seek the issuance of an arrest
warrant or a summons for the person.
(b) Any person who is dead,
unconscious, or who is otherwise in a condition rendering the person
incapable of refusal, shall be deemed not to have withdrawn the
consent provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a
test as provided above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test will result
in the statutory summary suspension of the person's privilege to
operate a motor vehicle as provided in Section 6-208.1 of this Code.
The person shall also be warned by the law enforcement officer that if
the person submits to the test or tests provided in paragraph (a) of
this Section and the alcohol concentration in the person's blood or
breath is 0.08 or greater, or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act or a controlled substance listed
in the Illinois Controlled Substances Act is detected in the person's
blood or urine, a statutory summary suspension of the person's
privilege to operate a motor vehicle, as provided in Sections 6-208.1
and 11-501.1 of this Code will, be imposed.
A person who is under the age of 21 at
the time the person is requested to submit to a test as provided above
shall, in addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the test that
if the person submits to the test or tests provided in paragraph (a)
of this Section and the alcohol concentration in the person's blood or
breath is greater than 0.00 and less than 0.08, a suspension of the
person's privilege to operate a motor vehicle, as provided under
Sections 6-208.2 and 11-501.8 of this Code, will be imposed. The
results of this test shall be admissible in a civil or criminal action
or proceeding arising from an arrest for an offense as defined in
Section 11501 of this Code or a similar provision of' a local
ordinance or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test results,
however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made.
(d) If the person refuses testing or
submits to a test that discloses an alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or compound in the person's
blood or urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a controlled substance
listed in the Illinois Controlled Substances Act, the law enforcement
officer shall immediately submit a sworn report to the circuit court
of venue and the Secretary of State, certifying that the test or tests
was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an
alcohol concentration of 0.08 or more.
(e) Upon receipt of the sworn report
of a law enforcement officer submitted under paragraph (d), the
Secretary of State shall enter the statutory summary suspension for
the periods specified in Section 6-208.1, and effective as provided in
paragraph (g).
If the person is a first offender as
defined in Section 11-500 of this Code, and is not convicted of a
violation of Section 11-501 of this Code or a similar provision of a
local ordinance, then reports received by the Secretary of State under
this Section shall, except during the actual time the Statutory
Summary Suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities or the
Secretary of State.
(f) The law enforcement officer
submitting the sworn report under paragraph (d) shall serve immediate
notice of the statutory summary suspension on the person and the
suspension shall be effective as provided in paragraph (g). In cases
where the blood alcohol concentration of 0.08 or greater or any amount
of a drug, substance, or compound resulting from the unlawful use or
consumption of cannabis as covered by the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled Substances Act
is established by a subsequent analysis of blood or urine collected at
the time of arrest, the arresting officer or arresting agency shall
give notice as provided in this Section or by deposit in the United
States mail of the notice in an envelope with postage prepaid and
addressed to the person at his address as shown on the Uniform Traffic
Ticket and the statutory summary suspension shall begin as provided in
paragraph (g). The officer shall confiscate any Illinois driver's
license or permit on the person at the time of arrest. If the person
has a valid driver's license or permit, the officer shall issue the
person a receipt, in a form prescribed by the Secretary of State, that
will allow that person to drive during the periods provided for in
paragraph (g). The officer shall immediately forward the driver's
license or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension
referred to in this Section shall take effect on the 46th day
following the date the notice of the statutory summary suspension was
given to the person.
(h) The following procedure shall
apply whenever a person is arrested for any offense as defined in
Section 11-501 or a similar provision of a local ordinance:
Upon receipt of the sworn report from
the law enforcement officer, the Secretary of State shall confirm the
statutory summary suspension by mailing a notice of the effective date
of the suspension to the person and the court of venue. However,
should the sworn report be defective by not containing sufficient
information or be completed in error, the confirmation of the
statutory summary suspension shall not be mailed to the person or
entered to the record, instead the sworn report shall be forwarded to
the court of venue with a copy returned to the issuing agency
identifying any defect.
Period of statutory summary
alcohol or other drug related suspension.
Illinois law relating to the period of
Summary Suspensions provides as follows:
(a) Unless the statutory summary
suspension has been rescinded, any person whose privilege to drive a
motor vehicle on the public highways has been summarily suspended,
pursuant to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of
1. Six months from the
effective date of the statutory summary suspension for a refusal or
failure to complete a test or tests to determine the alcohol or drug
concentration, pursuant to Section 11501.1; or
2. Three months from the
effective date of the statutory summary suspension imposed following
the person's submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug, substance or
compound in such person's blood or urine resulting from the unlawful'
use or consumption of cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled Substances Act,
pursuant to Section 11-501.1; or
3. Two years from the effective
date of the statutory summary suspension for any person other than a
first offender who refuses or fails to complete a test or tests to
determine the alcohol or drug concentration pursuant to Section
11-501.1; or
4. One year from the effective
date of the summary suspension imposed for any person other than a
first offender following submission to a chemical test which disclosed
an alcohol concentration of 0.08 or more pursuant to Section 11-501.1
or any amount of a drug, substance or compound in such person's blood
or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) Following a statutory summary
suspension of the privilege to drive a motor vehicle under Section
11-501.1, full driving privileges shall be restored unless the person
is otherwise disqualified by this Code. If the court has reason to
believe that the person's driving privilege should not be restored,
the court shall notify the Secretary of State prior to the expiration
of the statutory summary suspension so appropriate action may be taken
pursuant to this Code.
(c) Full driving privileges may not be
restored until all applicable reinstatement fees, as provided by this
Code, have been paid to the Secretary of State and the appropriate
entry made to the driver's record.
(d) Where a driving privilege has been
summarily suspended under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a similar
provision of a local ordinance, for the same incident, any period
served on statutory summary suspension shall be credited toward the
minimum period of revocation of driving privileges imposed pursuant to
Section 6-205.
(e) Following a statutory summary
suspension of driving privileges pursuant to Section 11-501.1, for a
first offender, the circuit court may, after at least 30 days from the
effective date of the statutory summary suspension, issue a judicial
driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first
offender, for any offense as defined in Section 11-501 or a similar
provision of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section 11501.1, for a
first offender, the circuit court may issue a court order directing
the Secretary of State to issue a judicial driving permit as provided
in Section 6-206.1. However, this JDP shall not be effective prior to
the 31st day of the statutory summary suspension. ,
(g) Following a statutory summary
suspension of driving of privileges pursuant to Section 11-501.1 where
the person was not a first offender, as defined in Section 11-500 and
such person refused or failed to complete a test or tests to determine
the alcohol or drug concentration pursuant to Section 11-501.1, the
Secretary of State shall not issue a restricted driving permit.
(h) Following a statutory summary
suspension of driving privileges pursuant to Section 11-501.1 where
the person was not a first offender as defined in Section 11-500 and
such person submitted to a chemical test which disclosed an alcohol
concentration of. 10 or more pursuant to Section 11-501.1, the
Secretary of State may, after at least 90 days from the effective date
of the statutory summary suspension, issue a restricted driving
permit.
Opportunity for hearing; statutory
summary alcohol or other drug related suspension.
The Illinois law pertaining to Summary
Suspension hearings provides as follows:
(a) A statutory summary suspension of
driving privileges under Section 11-501.1 shall not become effective
until the person is notified in writing of the impending suspension
and informed that he may request a hearing in the circuit court of
venue under paragraph (b) of this Section and the statutory summary
suspension shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the
notice of statutory summary suspension served under Section 11-501.1,
the person may make a written request for a judicial hearing in the
circuit court of venue. - The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension rescinded, Within 30 days after receipt of the written
request or the first appearance date on the Uniform Traffic Ticket
issued pursuant to a violation of Section 11-501, or a similar
provision of a local ordinance, the hearing shall be conducted by the
circuit court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary suspension. The
hearings shall proceed in the court in the same manner as in other
civil proceedings.
The hearing may be conducted upon a
review of the law enforcement officer's own official reports; provided
however, that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for a
continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be
limited to the issues of
1. Whether the person was placed under
arrest for an offense as defined in Section 11-501, or a similar
provision of a local ordinance, as evidenced by the issuance of a
Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of
state as provided in subsection (a) of Section 11-501.1; and
2. Whether the officer had reasonable
grounds to believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the influence of
alcohol, other drug, or combination of both; and
3. Whether the person, after being
advised by the officer that the privilege to operate a motor vehicle
would be suspended if the person refused to submit to and complete the
test or tests, did refuse to submit to or complete the test or tests
to determine the person's alcohol or drug concentration; or
4. Whether the person, after being
advised by the officer that the privilege to operate a motor vehicle
would be suspended if the person submits to a chemical test, or tests,
and the test discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or compound in the person’s blood or
urine resulting from the unlawful use or consumption of cannabis
listed in the Illinois Controlled Substances Act or a controlled
substance listed in the Illinois Controlled Substances Act, and the
person did not submit to and complete the test or tests that determine
an alcohol concentration of 0.08 or more.
Upon the conclusion of the judicial
hearing, the circuit court shall sustain or rescind the statutory
summary suspension and immediately notify the Secretary of State.
Reports Received by the Secretary of State under this Section shall be
privileged information and for use only by the courts, police
officers, and Secretary of State.
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