I reside in Illinois. In 1996 I was conicted of a DUI and received supervision.I did the breathalizer and was over the limit. In 2002, I once again was charged with suspicion of DUI. I refused sobriety tests and breathalizer. I took this case to trial and was acquitted and got my license back. Finally in 2005 i was arrested for DUI and plea bargained for recklees driving. I did sobriety tests but refused breathalizer. During this time I was unable to receive any type of driving permit. I was told this was because I received two summary of suspensions within a 5 year period. If this is true does not my being acquitted hold any weight? If I was acquitted of the last one also, would my license still have been suspended? If not whats the difference?If I was found not guilty in a court of law, why is this still being held against me? I am looking for some loophole.
1 Answer from Attorneys
Summary suspension is a confusing aspect for many charged with DUI.
When your license is summarily suspended, it is an action taken by the Illinois Secretary of State (IL SOS), not the criminal courts. As such, it is a civil matter, rather than a criminal matter. Your DUI however, is a criminal matter. As you see then, when a person is arrested and charged with a DUI, you really have 2 separate cases going: 1) the DUI charge, handled in criminal court; and 2) the suspension of your license, handled in both civil court and before the IL SOS. The events, (DUI charge and license suspension) arise out of the same event but must be handled separately. A not guily finding has no bearing on your suspension.
Feel free to call to discuss further if you wish.
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