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The Nickel Law Group, LLC The Nickel Law Group, LLC
Yorkville
Statutory Summary Suspension
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Statutory Summary Suspension in Kendall County

Former Prosecutors Handle Your Suspension Case Directly

A statutory summary suspension is an administrative loss of driving privileges that can follow a DUI arrest based on test results or refusal. At The Nickel Law Group, LLC, we represent Kendall County drivers who need to understand the suspension, preserve their options, and address the related criminal charge.

Attorneys Andrew Nickel and Hope Nickel are former prosecutors with extensive trial experience. Andrew formerly led the Kendall County traffic, DUI, and misdemeanor division and served as an Assistant State’s Attorney in Kane County. We handle each case directly rather than pass it to an associate.

Call (630) 553-7111 to discuss your arrest, suspension notice, and immediate driving concerns with one of our attorneys.

When Your Illinois DUI License Suspension Begins

The statutory summary suspension process is separate from the criminal DUI case. The suspension concerns driving privileges, while the criminal case addresses the charge and its potential penalties. Each has distinct issues, procedures, and possible outcomes, so action in one doesn’t automatically resolve the other.

Under 625 ILCS 5/11-501.1, the suspension takes effect on the 46th day after notice is given. Its duration depends in part on the driver’s history and whether a chemical test was failed or refused.

Illinois suspension periods generally include:

  • First offender who fails testing: A six-month suspension
  • First offender who refuses testing: A 12-month suspension
  • Second or third offense with failed testing: A one-year suspension
  • Second or third offense with test refusal: A three-year suspension

For this process, first-offender status generally depends on whether the driver has had a DUI disposition, including court supervision or a conviction, during the previous five years. That classification can affect both the suspension period and the available driving options.

Commercial drivers face an additional concern. A commercial driver’s license holder who refuses a chemical test can also face disqualification of commercial driving privileges under Illinois law. Because disqualification can affect work as well as personal transportation, we examine both the ordinary license suspension and the commercial consequences of the case.

How We Challenge a Statutory Summary Suspension

A petition to rescind formally asks the circuit court to set aside a statutory summary suspension. The suspension’s 46th-day effective date and the timing for seeking rescission are separate issues. We promptly review the arrest and suspension documents rather than treat the effective date as the filing deadline.

Potential issues in rescission litigation can include:

  • Whether the officer had a lawful basis for the traffic stop
  • Whether probable cause supported the DUI arrest
  • Whether chemical testing was properly administered
  • Whether testing equipment was properly calibrated
  • Whether the suspension paperwork and notice met legal requirements

The available grounds depend on the evidence and events in each case. We assess police reports, testing records, notices, and other relevant information before determining which issues can be raised.

What Happens at the Rescission Hearing

At a rescission hearing, the court considers evidence concerning the arrest, notice, and chemical testing as they relate to the grounds in the petition. The result depends on the evidence and whether the applicable legal requirements were satisfied. Andrew and Hope draw on their prosecutorial and trial experience to prepare the evidence and arguments for these hearings.

Restricted Driving During a Suspension

A Monitoring Device Driving Permit may allow restricted driving when a person qualifies under Illinois law. A Breath Alcohol Ignition Interlock Device requires a breath sample before the vehicle can start and may be required for permitted driving during certain suspension periods.

Eligibility, permitted driving, device obligations, and costs depend on the driver’s circumstances and the applicable Illinois rules. We can assess whether a Monitoring Device Driving Permit may be an option and explain the requirements relevant to the specific suspension. No permit or device arrangement should be assumed without reviewing the driver’s record and current case.

Discuss Your Suspension & Driving Needs

At a free consultation, we can review your suspension notice, DUI paperwork, work or family transportation needs, possible grounds for a petition to rescind, and any driving-related options that may apply. Our contact form provides another way to reach us.

You’ll receive clear answers directly from Attorney Andrew Nickel or Attorney Hope Nickel based on the facts of your arrest and the applicable Illinois process.

Call (630) 553-7111 to schedule your free consultation with The Nickel Law Group, LLC.

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