Legal Question in DUI Law in Illinois

Re: 2nd offense within 3 years

Talk to a criminal defense lawyer about filing a petition to rescind the statutory summary suspension.

Mike Rosenblat

Re: 2nd offense within 3 years

Yes it is true. You must file a motion to rescind the Statutory Summary Suspension. There are only a couple of grounds to challenge the suspension. The most common is that there was no probable cause to believe that you were under the influence. Another is to challenge the refusal saying you did not refuse. If you beat the Summary suspension you still have a revocation for a convictin to contend with.

Finally, you may ask the court for a Judicial Driver's License (JDP) but these are hard to convince the court to grant with a second offense in three years. This JDP would allow to and from work driving. I handle these types of cases.

Perez

Re: 2nd offense within 3 years

If a person gets a second summary suspension within a five year period and the second suspension is because of a refusal to take the test, then the suspension is for three years. Further the suspension is without driving relief, that is, no limited driving privileges are available. You have 90 days to file a petition to rescind the suspension from the time of notice that you are going to be suspended. This is usually the time of arrest, but not always. There are 5 reasons written in the law to challenge the suspension, and one that has been created by the courts. You should contact an attorney quickly because of the time limitations. The DUI and suspension are related, but it is possible to be found not guilty of the DUI and still have the suspension.

It is a complex area of law. If you wish to speak about this, feel free to e-mail me at [email protected].