Buffalo Grove, IL Statutory Summary Suspension DUI Lawyer

Statutory Summary Penalties and Suspension in Lake County, Illinois

After a DUI arrest, your case will proceed on a criminal track and a civil track independent of each other, contrary to what many may believe. In many cases, people charged with driving under the influence face a lengthy license suspension, with the length depending on different factors. If you need help protecting your license, be sure to reach out to a Buffalo Grove DUI defense attorney.

At The Law Offices of Matthew R. Gebhardt, P.C., we are highly familiar with the civil processes behind a DUI charge. With over 20 years of proven legal experience, Attorney Matthew Gebhardt is more than qualified to help with your case.

What Is the Statutory Summary Suspension in Illinois?

A Statutory Summary Suspension is a civil penalty providing for the automatic suspension of driving privileges for someone arrested for the offense of DUI who:

1. Fails chemical testing, or
2. Refuses to submit to chemical testing

The suspension will not apply to someone whose test results are under the .08 BAC limit. For those who fail chemical testing or refuse, the suspension is automatic. It will take effect on the 46th day after the notice date of the suspension, which is usually the date of arrest.

What Happens to Your License if You Fail or Refuse a Chemical Test in Illinois?

A first offense results in a six-month suspension of driving privileges. A second or subsequent offense within five years carries a one-year suspension, and drivers facing this penalty are not eligible for driving relief.

Refusing a chemical test on a first offense leads to a 12-month suspension of driving privileges. A second or subsequent refusal results in a three-year suspension.

Can You Get Your Driving Privileges Back During a Period of Summary Suspension in Illinois?

A statutory summary suspension does not always mean a driver must stop driving completely. Depending on the circumstances, some drivers can regain limited driving privileges before the suspension period ends.

A first-time offender may ask the court for a Monitoring Device Driving Permit, or MDDP, which allows unrestricted driving as long as the vehicle has a Breath Alcohol Ignition Interlock Device installed. This permit does not take effect until the 31st day of the suspension, so a driver must wait out the first month before any relief becomes available.

Drivers with a prior suspension or DUI conviction within the past five years generally cannot request an MDDP. In these cases, a driver may need to explore other options, such as a hardship license, though eligibility depends on the specific facts of the case. Our attorney can review the suspension notice and explain which paths may apply.

Penalties for Driving on a Suspended License Due to DUI in Illinois

Driving on a license suspended for a DUI carries serious consequences in Illinois. A first offense is typically charged as a Class A misdemeanor, which can bring up to one year in jail and fines reaching $2,500.

If the suspension stemmed from a DUI and the driver is caught operating a vehicle without an installed BAIID during that period, the charge can be elevated to a Class 4 felony. A Class 4 felony conviction can carry one to three years in prison and fines of up to $25,000.

Repeat violations can lead to harsher penalties, including extended suspension and additional felony exposure. Our attorney can review the arrest and help determine the strongest path forward.

Meet With a Buffalo Grove, Illinois Statutory Summary Suspension DUI Attorney

The Law Offices of Matthew R. Gebhardt, P.C. provides strong representation and counsel for people facing DUI charges, and we will work hard to protect your license. Contact our Buffalo Grove, IL statutory summary suspension DUI defense lawyer or call 847-239-4703 to schedule a free consultation with our firm.