Law Offices of

 

221 N. LaSalle Street, Suite 2017
Chicago, IL 60601

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118 S. Main Street, Suite 1
Wauconda, IL 60042

 

312-236-7078

 

[email protected]

 

What is the difference between a suspension and a revocation?
Suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet certain reinstatement requirements. Revocation means that your driving privileges are taken away indefinitely. If revoked, you may not reapply for your license for at least one year.

What is a Statutory Summary Suspension?
If you are arrested for driving under the influence of alcohol, other drugs and/or intoxicating compounds (DUI), the arresting officer will request that you submit to chemical testing. Refusal to submit to this testing will result in a 12 or 36-month suspension. Submission to testing that reveals a blood alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis, a controlled substance or unlawful use of an intoxicating compound will result in a 6 or 12-month suspension.

I received a Statutory Summary Suspension. When will it terminate?
Provided the minimum period of suspension has elapsed, the suspension will terminate after the required $250 reinstatement fee has been paid and the appropriate entry has been made to your driving record. A second or subsequent suspension requires payment of a $500 reinstatement fee. During the period of this suspension, your driver's license is retained by the court wherein your DUI case was processed, and you will need to contact that court regarding the return of your driver's license.

I received a Statutory Summary Suspension. How do I apply for driving relief?
If the date of your DUI arrest was prior to January 1, 2009 and you were issued a three or six-month Statutory Summary Suspension, you may contact the court wherein your DUI case was processed for information regarding the requirements for obtaining a Judicial Driving Permit. Upon receipt of a court order, and providing you are eligible, the Secretary of State will issue and mail the Judicial Driving Permit to you. If you need to apply for a corrected or duplicate Judicial Driving Permit, you may contact the court for the appropriate order.

If you are a first-time DUI offender and your arrest date was January 1, 2009 or after, you may be eligible for a Monitoring Device Driving Permit. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

What is a Zero Tolerance Suspension?
A driver under age 21 who is arrested for any violation of the Illinois Vehicle Code will be asked to submit to chemical testing if the arresting officer has reason to believe the driver has consumed any amount of an alcoholic beverage. Refusal to submit to this testing will result in a six- or 24-month suspension. Submission to testing that reveals a blood alcohol concentration of more than 0.00 will result in a three- or 12-month suspension.

What happens if I am convicted of DUI?
If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, 10 years for a third offense and lifetime revocation for a fourth or subsequent offense.

However, if you are under age 21 at the time of the DUI conviction, your driver's license and driving privileges will be revoked for a minimum of two years for your first offense; a second offense will result in a license revocation for a minimum of five years or until your 21st birthday, whichever is longer; third offense a minimum of 10 years; and a lifetime revocation for a fourth or subsequent offense.

How can I pay a driver's license reinstatement fee owed to the Secretary of State's office for a suspension or revocation?
A $70, $250 or $500 reinstatement fee for a suspension or a revocation can be paid by mail with a check, cashier's check or money order made payable to the Secretary of State with the affected driver's license number written on the front of the fee. Our mailing address is Secretary of State, Driver Services Department, 2701 S. Dirksen Parkway, Springfield, Illinois 62723.

Suspension and revocation fees may be paid by telephone using a Visa, MasterCard or Discover credit card by calling 217-785-8619. The $250 or $500 fee for a Statutory Summary Suspension and the $70 Zero Tolerance Suspension fees can be mailed to the DUI Section at the address above. To pay the reinstatement fee with a Visa, MasterCard or Discover credit card, please call 217-782-3619.Debit cards cannot be accepted to process reinstatement fees.

A $70 reinstatement fee for the Zero Tolerance Suspension, and the $250 and $500 fees for Statutory Summary Suspensions and Revocations may only be paid to the Springfield office. All other reinstatement fees may be paid in person at our Springfield office or at the Chicago Public Service Center at 17 North State St., Suite 1000 in Chicago. Additional reinstatement fee processing is available at any of the following Driver Services facilities: Aurora, Bloomington, Bradley, Carbondale, Carlinville, Champaign, Chicago Heights, Decatur, Deerfield, DeKalb, Effingham, Elgin, Galesburg, Granite City, Jerseyville, Joliet, Lawrenceville, Lombard, Macomb, Mattoon, Melrose, Midlothian, Moline, Mt. Vernon, Naperville, Peoria, Pinckneyville, Princeton, Quincy, Rockford, Schaumburg, Sterling, Vienna, Waukegan. For information on facility hours and addresses, please call either the Secretary of State's toll-free number at 1-800-252-8980 or the Secretary of State's Chicago Information Line at 312-793-1010.

My driving privileges are suspended. Am I eligible for a Probationary License?
To be eligible for a Probationary License, you must be suspended for three months or less for being convicted of three moving traffic violations issued within a 12-month period. You must have a driver's license, which is not expired, in your possession and you must be at least 21 years of age. You also must attend an eight-hour Defensive Driving Class. A Probationary License will not restrict you to driving during certain hours or within a certain radius. Contact the Special License and Re-Examination Unit of the Secretary of State's office at 217-782-6901 to begin the process.

BAIID

  • BAIID stands for Breath Alcohol Ignition Interlock Device.
  • A person must provide a breath sample into the BAIID prior to starting the vehicle and at random intervals throughout the travel time. The BAIID uses advanced technology to read the person’s Blood Alcohol Level (BAC).
  • A BAIID is hooked to the ignition of the car and prevents the person from starting the car if their breath sample registers a .05 or higher.
  • If the breath sample is negative for alcohol, the person will be able to start their car without incident.

The New Law

  • Secretary White worked closely with MADD-National to craft Senate Bill 300, an innovative legislative measure that would reduce alcohol-related fatal crashes in Illinois.
  • SB 300 was signed into law as P.A. 95-0400 on August 24, 2007 and becomes effective January 1, 2009.
  • Requires all first-time DUI offenders who wish to drive during their Statutory Summary Suspension (SSS) to install a BAIID on the vehicle they wish to drive during that time.
  • The BAIID will prevent an intoxicated driver from driving the vehicle. Studies show BAIIDs are effective in reducing subsequent offenses by up to 90 percent while on the vehicle.
  • Increases the SSS times. For offenders who refuse testing at the time they are pulled over, their suspension times will go from the current 6 months to 12 months. For those that take the test and fail, their suspension will double from the current 3 months to 6 months.

MDDP

  • Monitoring Device Driving Permit (MDDP) replaces the Judicial Driving Permit (JDP).
  • Eligible first-time DUI offenders who are arrested on or after January 1, 2009, will have the option of obtaining a MDDP by request to the courts. The courts will order the Secretary of State to issue the MDDP.
  • The offender has the option of not participating in the program, but will have no other option for driving relief during the SSS.
  • The MDDP allows the offender to drive after serving 30 days of the statutory summary suspension (SSS) (which will either be 6 months or 12 months, depending on failure or refusal of FST).
  • The MDDP requires that the offender install a Breath Alcohol Ignition Interlock Device (BAIID) in any vehicle the offender plans on driving during the term of the SSS.
  • The MDDP allows the offender to drive anywhere at anytime so long as the vehicle being driven has a BAIID installed (as opposed to the JDP which restricted the offender to certain hours and certain destinations).
  • A MDDP holder found driving a car without a BAIID during the SSS, will be guilty of a Class 4 felony.
  • An offender who chooses not to obtain an MDDP and is then caught driving during the SSS will be guilty of a Class 4 felony.
  • A MDDP will not allow a CDL holder to operate a CMV during the offender’s SSS.
  • MDDP holders may be eligible for a work exemption if driving employer owned cars during the course of work hours and if the car is not specifically assigned to the offender

Eligibility

  • Only first time offenders (as defined by the Illinois Vehicle Code) are eligible.
  • The offender’s license has to be otherwise valid (in other words, if they were driving on a suspended license at the time of this arrest, then they are not eligible).
  • An offender is ineligible for the MDDP program if his or her driver’s license is otherwise invalid or if death or great bodily harm resulted from this DUI arrest.
  • An offender is ineligible for the MDDP program if he or she has previously been convicted of reckless homicide or aggravated DUI, which resulted in a death.

BAIID Monitoring

  • The Secretary of State will monitor the BAIID of each MDDP holder during the length of the MDDP (every 60 days).
  • The device requires an initial blow from the offender to start the car. Following that, the device will require breath samples at random intervals throughout the offenders trip. Thus, preventing someone else from blowing into the machine to get the car started.
  • If violations are found on the BAIID, the offender’s SSS may be extended by 3-month increments and/or cancelled.
  • If the MDDP holder has a BAC of .05 or above register on the device, his car will not start.
  • There are currently 6 vendors in Illinois who are certified to provide BAIID devices and services. The offender is given contact information for all vendors and allowed to choose which company they wish to work with.
  • All certified vendors are required to have installation sites statewide.

Cost

  • The Offender will have to pay the following fees for the BAIID
    1) Installation fee is approx. $100 (paid to the vendor they choose)
    2) Monthly rental of the device $80 approx. (paid to the vendor they choose)
    3) Monthly monitoring fee $30 (paid to the Sec. Of State for the monthly monitoring of the device)
  • The offender is responsible for all costs.
  • Law sets forth an indigency fund to be used for offenders who want the MDDP but can’t pay for the device. Fund will be built from a surcharge added to paying customers installation and rental fees.

Source: Secretary Of State Of Illinois

625 ILCS 5/11-501.1 – Statutory Summary Suspension

11-501.1. Suspension of drivers license; statutory summary alcohol, other drug or drugs, or intoxicating compound or compounds 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 drugs, or intoxicating compound or compounds or any combination thereof 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, or if arrested for violating Section 11-401. 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, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. 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, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection 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, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder, 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 11-501 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 intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection 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 and disqualification for the periods specified in Sections 6-208.1 and 6-514, respectively, 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. However, beginning January 1, 2008, if the person is a CDL holder, the statutory summary suspension shall also be made available to the driver licensing administrator of any other state, the U.S. Department of Transportation, and the affected driver or motor carrier or prospective motor carrier upon request. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect.

(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 and disqualification 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, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection 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 and disqualification 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 and disqualification 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. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. 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.
We handle statutory summary suspension issues on regular basis. Each case is different and may have special circumstances. If you would like to receive more information regarding your case, give us a call to set up a free consultation and an evaluation of your case.

Law Offices of Mitch Furman
221 N. La Salle Street
Suite 2017
Chicago, IL 60601
312-236-7078 Phone

The law offices of Mitch Furman, serve clients in Chicago and the surrounding parts of Illinois, including Rolling Meadows, Skokie, Maywood, Maybrook, Bridgeview, Markham, Schaumburg, Hoffman Estates, Cicero, Berwyn, Elk Grove Village, Oak Lawn, Evanston, Wilmette, Palatine, Barrington, Bartlett, Lake Forest, Kenilworth, Arlington Heights, Mt. Prospect, Wheeling, Homewood and all cities within Cook County, Lake County DuPage, McHenry and Will County, as well as arrests by the Illinois State Police on the Interstate Highways.