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What is a Statutory Summary Suspension?


A summary suspension is a suspension lodged against you by the Secretary of State because you were arrested for DUI and you blew a 0.08, your blood test revealed a controlled substance, or, assuming that you were not involved in accident causing injuries, you refused a breath or blood test. A summary suspension will last six months, one year or three years, and ends once the reinstatement fee ($250.00 or $500.00) has been paid to the Secretary of State.


What is a Statutory Summary Suspension?


A summary suspension is a suspension lodged against you by the Secretary of State because you were arrested for DUI and you blew a 0.08, your blood test revealed a controlled substance, or, assuming that you were not involved in accident causing injuries, you refused a breath or blood test. A summary suspension will last six months, one year or three years, and ends once the reinstatement fee ($250.00 or $500.00) has been paid to the Secretary of State.


How can I get out of my suspension?


The only way to beat a summary suspension is to petition the court to rescind it. There are only a few legal grounds that would allow the court to rescind.


If the DUI is dismissed, my suspension will be too, right?


No. The suspension has a life of its own. The suspension is civil in nature, where the DUI itself is criminal in nature. The burden of proof is different. While the state must prove guilt beyond a reasonable doubt in a criminal trial, the driver must prove his case in a summary suspension hearing.


How am I supposed to get to work during my suspension?


Either find alternative means, or obtain a Monitoring Device Driving Permit (MDDP) directly from the Secretary of State. You will receive information from the Secretary of State within three weeks of your arrest. An MDDP allows you to drive anywhere, anytime, except during the first 30 days of the suspension. An MDDP will only be valid if you have a breath alcohol ignition interlock device (BAIID) installed in your vehicle at your cost (anywhere from $700 to $1,400). The only other way to be able to drive is to fight the suspension and win.


Is the suspension negotiable?


Yes. A prosecutor has the authority to rescind the suspension with the judge’s approval without a hearing on the merits. Sometimes a prosecutor will agree to rescind the suspension. However this practice varies widely from county to county. Summary Suspensions are viewed as "political hot potatoes" by most state’s attorney’s offices, so any agreements to rescind are the exceptions and not the rule.


What is the penalty for a DUI?


It depends. Most counties will offer court supervision for a first-offender. A second offense is more likely to cause a revocation of driving privileges. A third offense could result in a prison sentence, but probation is available. For a fourth offense, probation is not available, and the minimum prison sentence is three years. ​

DUI FAQs