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WHAT A PETITION TO RESCIND CAN MEAN FOR YOUR LICENSE FOLLOWING A DUI ARREST

When a person is arrested for Driving while Under the Influence (DUI) in Illinois, a Statutory Summary Suspension of that person’s license will follow. This article will explain the process of rescinding that Statutory Summary Suspension.

A Statutory Summary Suspension is an administrative action taken by the Secretary of State’s Office against a person’s driving privileges. A Statutory Summary Suspension relates to the implied consent law in Illinois, which requires that anyone who is in actual physical control of or driving a motor vehicle to provide a sample of breath, blood, or urine if asked to do so by a police officer. Believe it or not, a Statutory Summary Suspension is separate and civil from the criminal DUI case. For instance, a person may be found not guilty of the DUI, but could still have his or her license suspended for refusing to submit to testing or by failing chemical testing (A person can fail chemical testing when he or she has an alcohol content in his or her breath, blood, or urine at or above 0.08, or has 5 ng/ml of blood for THC or higher, or any amount of a controlled substance in his or her system, or any combination thereof).

When asking the court to rescind a Statutory Summary Suspension there are only five (5) bases:

  1. Not being properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket to other form of charge;
  2. The arresting officer did not have reasonable grounds to believe that [the person was] driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof;
  3. Not being properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1(c) of the Illinois Vehicle Code;
  4. Not refusing to submit to and/or complete the required chemical test or tests, pursuant to 625 ILCS 5/11-501.1 (d) of the Illinois Vehicle Code, upon the request of the arresting officer; and
  5. Submitting to the requested test or tests, but the test sample did not indicate an alcohol concentration of 0.08 or more:

Additionally, the petition must be filed within 90 days of the notice of suspension being filed by the Secretary of State’s Office. However, Appellate Courts in Illinois have held that although the Secretary of State had not filed confirmation of the Statutory Summary Suspension, a petition seeking rescission of a Statutory Summary Suspension could still be heard. Once the petition is filed, the driver/petitioner has a right to a hearing within 30 days from the date of filing. If, for some reason, the hearing is not, at least, begun within those 30 days, the Summary Suspension is automatically rescinded.

Douglas B. Johnson

Johnson Law Group