A statutory summary suspension provides for the automatic suspension of driving
privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to
complete chemical testing.
Failure of chemical testing means a person’s BAC was .08 or more or the test showed a
trace of other drugs. Statutory summary suspensions are automatic, effective on the
46th day from the date of the suspension notice. This suspension does not replace
criminal penalties for a DUI conviction.
An offender may request a judicial hearing to challenge the arrest; however, the
request does not stop the suspension from taking effect. If an Illinois driver refuses
to submit to chemical testing in another state, his/her driving privileges will be suspended.
A statutory summary suspension does not apply to a person with a BAC of
less than .08. If a person has a BAC of more 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.
If a commercial driver’s license holder receives a statutory
summary suspension, his/her CDL privileges will be disqualified for one year for a
first offense; a lifetime disqualification applies for a second offense.
Failing Chemical Testing
• First offense — Suspension of driving privileges for 6 months (eligible for
MDDP on 31st day of suspension).*
• Second or subsequent offense within 5 years — Suspension of driving privileges
for 1 year (not eligible for driving relief).
Refusing to Submit to Chemical Testing
• First offense — Suspension of driving privileges for 12 months (eligible for
MDDP on 31st day of suspension).*
• Second or subsequent offense — Suspension of driving privileges for 3 years
(not eligible for driving relief).
* Effective Jan. 1, 2009, a Monitoring Device Driving Permit (MDDP) replaced the
Judicial Driving Permit (JDP). Individuals arrested for DUI prior to Jan. 1,
2009, are still eligible for a JDP. For more information on the MDDP or JDP,
see pages 18-19.
