Illinois Statutory Summary Suspension

Illinois Statutory Summary Suspension

In the State of Illinois, Statutory Summary Suspension (SSS) is a civil/administrative penalty imposed by the Secretary of State (Office of Jesse White). The SSS penalty is separate of the underlying DUI criminal charge. In Illinois, a SSS means that your ability to drive will be suspended for a set period of time, depending on your case and criminal history.

lt is important to understand that if you fail to pay the reinstatement fee (amount varies again depending in your case) your license will remain suspended and if you are caught driving you could be charged with Driving While License Suspended (see DWLS section).

The SSS can be imposed if there was a refusal to submit to chemical testing by the officer or there was a blood alcohol concentration (BAC) of .08 or more.

 

PENALTIES:

It is usually voluntary whether or not you want to submit to a BAC test (it is not voluntary if there was an accident involving great bodily harm). However, if you refuse to submit to testing, there are certain penalties. As of 2012, the penalties in the State of Illinois are as follows:

First time offender who test: – .08 or over: 6 month suspension First time offender who refuses tests: – 12 month suspension Second time offender who tests over .08: – 12 month suspension Second time offender who refuses tests: – 36 month suspension

WHAT DOES FIRST TIME OFFENDER MEAN?

If you have not had a prior SSS within the past five years, you are considered a first time offender (in reference to Illinois Secretary of State) for purposes of the SSS. This does not mean you will be considered a first time offender in the criminal matter. For the criminal charges, if you have ever pled guilty to our been found guilty of a DUI, you are not a first time offender.

 

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