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 six- 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 three- or 12-month suspension.
A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver’s license because you either refused a blood, breath or urine test; or you took such a test and it revealed a blood alcohol concentration of 0.08 or greater; or it revealed illegal drugs in your system. This suspension will go into effect on the 46th day after you were arrested. If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will most likely be classified as a “first offender” for suspension purposes. Just because you are a “first offender” under the suspension law does not mean that you are a “first offender” for DUI sentencing purposes. A first offender will be suspended for: • 90 days if you failed a blood, breath or urine test; six months if you refused to take a blood, breath or urine test. If you are not a “first offender” then you will be suspended for: • one year if you failed a blood, breath or urine test; three years if you
