Illinois DUI Lawyer Blawg
A newspaper reporter in Springfield Illinois arrested for DUI last year received a statutory summary suspension. A statutory summary suspension takes effect on the 46th day after an Illinois DUI arrest. The suspension and the DUI ticket are separate items. Even if your DUI is dismissed, you will still have a suspended (invalid) driver’s license, unless the statutory summary suspension is rescinded (thrown out).
Depending on your previous driving record and whether you took or refused testing, your driver’s license will be suspended for as short as six months and as long as three years. If you took the test and have not had a DUI in the previous 5 years, you will be suspended for 6 months; if you refused, you will be suspended for 12 months. During all but the first 30 days of either suspension, you are eligible to apply for an MDDP.
If you have had a DUI arrest in the past 5 years and take the test, you will be suspended for one year; if you refused the test, you will be suspended for 3 years. During either suspension time, you cannot drive with an MDDP, and you cannot obtain a restricted driving permit (hardship license) from the Illinois Secretary of State.
In the case of the newspaper reporter, the suspension was rescinded. However, because the Illinois Secretary of State claimed to have not received the notice of rescission, the Quincy police department claimed that when the officer pulled over the reporter for supposedly running a stop sign, his driver’s license came up as suspended and he was arrested. A lawyer who is familiar with the Illinois driver’s license reinstatement process would recommend hand carrying the rescission order to the Sectary of State in order to avoid the confusion that apparently resulted. Note however that it appears the police were determined to find some reason to arrest the reporter, who suspects they were unhappy over the less than flattering reports he had written regarding the performance of a nearby police agency.