Lake County DUI Lawyers

Summary Suspension & DUI in Illinois

In the event of a Lake County DUI arrest, law enforcement will confiscate your driver’s license and you will be given a “Notice of Summary Suspension” which is a notice that his or her driving privileges will be suspended on the 46th day after the arrest. The suspension may last anywhere from 6 months to 3 years, depending upon the particular circumstances.

You have the right to challenge a DUI suspension, and an attorney at Fagan, Fagan & Davis can help you with this. By filing a “Petition to Rescind Statutory Summary Suspension” with the court where your Lake County DUI case will be heard, your attorney can help you in having your driver’s license reinstated or can prevent suspension in the first place. You must consult a private attorney in regards to summary suspension proceedings, as public defenders in Illinois are prohibited from representing defendants in these cases.

Be sure to consult a Lake County DUI lawyer as soon as possible if you have received a Notice of Summary Suspension and wish to contest this. You must file your petition to challenge the suspension within 90 days of receiving the notice, and the failure to file within the allotted time period means that you will surrender your right to do so. These proceedings are entirely separate from the criminal court process, and the outcome of your criminal case will not affect your license suspension. Therefore, it is important to work with a lawyer experienced in Summary Suspension proceedings in particular.

What is a Statutory Summary Suspension?

Statutory Summary Suspension refers to the legal process associated with suspending a person’s driving privileges following a DUI arrest – when the driver refuses or fails breath or blood testing to determine his or her blood alcohol concentration.

• The penalty for refusing a breath test or blood test, for a first offense, is a mandatory minimum 6 month driver’s license suspension.
• The penalty for failing a breath or blood test, for a first offense, is a mandatory minimum 3 month license suspension.

Consult a Lake County DUI Attorney

Do not wait to consult an attorney if you or someone you know has been arrested for DUI and has received a Notice of Summary Suspension. Professional legal representation will be crucial in helping a driver to retain his or her driver’s license.

Contact a lawyer at Fagan, Fagan & Davis today to find out more about challenging a Statutory Summary Suspension in Lake County, Illinois.