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Proposed Illinois Law Would Strengthen Driver's License Suspension After DUI Arrest

Posted on in Driver's License

Proposed Illinois Law Would Strengthen Driver's License Suspension After DUI ArrestThe Illinois House of Representatives approved a bill that would create an additional requirement for rescinding a statutory summary suspension following an arrest for driving under the influence of alcohol or drugs. The law would require a court to provide the Illinois Secretary of State’s office with a factual reason for the decision before the office will comply with an order to rescind the driver’s license suspension. The bill still must receive approval from the Illinois Senate and governor before it becomes a law.

Statutory Summary Suspension

The Secretary of State can take civil action against a DUI suspect before a criminal trial by issuing a statutory summary suspension or revocation of the suspect’s driver’s license. The suspension applies to people arrested for DUI who either refused the blood alcohol concentration test or had test results that showed that their BAC was over the legal limit. The suspension begins 46 days after the suspect receives a notice of summary suspension. The duration varies, depending on the circumstances:

  • The suspension is for six months if the suspect tested over the BAC limit but has no prior DUI offenses or summary suspensions in the past five years;
  • The suspension is for a year if a suspect has no prior DUI offenses but refuses to submit to the test;
  • The suspension is for a year if a suspect tested over the BAC limit and has a DUI offense or summary suspension in the past five years; and 
  • The suspension is for three years if the suspect refused the test and has a DUI offense or summary suspension in the last five years.

Contesting Suspension

After receiving notice of the summary suspension, a defendant has 90 days to request a hearing to contest the suspension. Reasons for rescinding the suspension may include:

  • Failure to properly arrest the suspect;
  • A lack of reasonable grounds to make the arrest;
  • The suspect not refusing the test;
  • Not warning the suspect of the consequences of refusing the test; or
  • Test samples that show the suspect was below the legal limit.

If the court finds in favor of the DUI suspect, it will order the Secretary of State to rescind the statutory summary suspension. The new law would allow the Secretary of State to reject an order to rescind if it is not accompanied by a factual explanation for the decision. 

Your Driving Rights

Because it is a civil action, a statutory summary suspension of your driver’s license can remain in effect even if you are never convicted on DUI charges. A McHenry County criminal defense attorney at Botto Gilbert Lancaster, PC, can help you protect your driving privileges during your DUI case. To schedule a free consultation, call 815-338-3838.

Source:

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=HB&DocNum=5042&GAID=14&LegID=110514&SpecSess=&Session=

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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