Petition to Rescind Statutory Summary Suspension

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One of the penalties people find most inconvenient after a DUI conviction is a driver's license (DL) suspension. Many people need to use their vehicles to get to and from work or to run errands. Statutory summary suspensions were added to Illinois laws against drunk driving in 1986. If a person fails a sobriety test or refuses to take a chemical test in Illinois, his or her license can be automatically suspended.

The length of the suspension depends on the offense. If you refused to take a breathalyzer test, your DL would be suspended for about 1 year. If your blood alcohol content (BAC) was above the legal limit of 0.08%, your DL suspension would be about 6 months.

The suspension automatically starts on the 46th day from the date of the suspension notice. If this has happened, a person experiencing the suspension can hire an excellent Arlington Heights DUI attorney to help them through challenging the arrest.

Call us today to discuss the circumstances of your case.

Filing the Petition

To challenge a DL suspension, you have to file a petition to rescind the suspension within 90 days of the arrest. In the petition, you must request a hearing on suspension status.

You have a great case if you meet the following criteria:

  • Reasonable grounds
  • The breathalyzer test did not go about 0.08% BAC
  • Officer never read you a defendant warning
  • You were not placed properly under arrest
  • You did not refuse to take a breathalyzer test

Attending a Hearing

Once you file the petition, you will be granted a hearing before a judge. During the hearing, the judge will only rule on whether or not you are able to prove any of the above items. It is best to have a skilled attorney on your side during this process to ensure your defense is solid and well-argued. The judge may rescind the suspension in favor of one of the above or if the police officer who cited you doesn't attend the hearing. If the judge doesn't rule in favor of rescission, you may be eligible for a Monitoring Device Driving Permit on the day your suspension takes effect.

Experienced Advocates on Your Side

If you need help filing a petition or during the hearing, contact one of our skilled attorneys at Ahmad Law Firm. We are proud to offer outstanding service and diligent advocacy to our clients. Let us pursue the best possible resolution on your behalf.

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