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Statutory Summary Suspension

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating com pound) or who refuses to submit to or fails to complete testing.

Penalty for failing chemical testing:

  • first offense - mandatory 3-month driver's license suspension
  • second offense - mandatory 12-month suspension

Penalty for refusing to submit to chemical testing:

  • first offense - mandatory 6-month driver's license suspension
  • second offense - mandatory 36-month suspension

AStatutory Summary Suspension does not apply to an individual who has a BAC of less than .08. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply.

Summary suspensions are automatic, effective on the 46th day from the notice date of the suspension. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect.

If a commercial driver’s license (CDL) holder receives a Statutory Summary Suspension, his/her CDL privileges will be disqualified for 12 months if a first offender and lifetime disqualification for a second offender.

A Judicial Driving Permit (JDP) may be available to qualifying offenders during the suspension period.

Statutory Summary Suspension Penalties
Offense Loss of Driving Privileges Driving Permit
Failing Chemical Testing,
First Offense		 3 months Eligible for Judicial Driving Permit on 31st day of suspension
Refusing to Submit to Chemical Testing, First Offense 6 months Eligible for Judicial Driving Permit on 31st day of suspension
Failing Chemical Testing, Second or Subsequent Offense Within 5 Years 12 Months Not eligible for JDP; not eligible for RDP
Refusing to Submit to Chemical Testing, Second or Subsequent Offense Within 5 Years 36 Months Not eligible for JDP; not eligible for RDP

During 2004, 92 percent of drivers arrested for DUI who either failed or refused chemical testing lost their driving privileges; 83 percent of those were first offenders. About 62 percent of the summary suspensions were for failed chemical tests, while 38 percent were for refusals. The Secretary of State's office also recorded 281 suspensions for Illinois drivers who refused chemical tests in other states.

If an Illinois driver refuses to submit to chemical testing in another state, his/her Illinois driving privileges will be suspended.

Table of Contents
Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois

This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court.
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