A Statutory Summary Suspension can freeze your driving privileges 46 days after a DUI arrest—even before you see the inside of a courtroom. But Illinois law gives you the power to fight back. Fabbrini Law Group’s local Cook County DUI team leverages deep knowledge of 625 ILCS 5/2-118.1 to challenge suspensions in every local courthouse.
Why the Statutory Summary Suspension Isn’t Inevitable
Illinois drivers that refused a breathalyzer or had a BAC ≥ 0.08% trigger this DUI license suspension. In general, your license is suspended 46 days after being arrested for DUI. Remember – The suspension is a civil offense, not a criminal charge.
This is an important distinction for two reasons:
- Public Defenders can not help you with this suspension. In contrast, our local DUI lawyers can and file your Petition to Rescind immediately after being retained.
- Your DUI case can be dropped or even won at trial, but your DUI license suspension stands unless contested.
Without timely action, you face a license suspension on top of fines, potential jail time, and mandatory monitoring under 625 ILCS 5/11-501.
The 90-Day Deadline and Automatic Hearing Rule
You have 90 days from your arrest to file a Petition to Rescind your Statutory Summary Suspension. Generally, your suspension begins 46 days after arrest. Once filed, the court must hold your hearing within 30 days—if they miss that deadline, your suspension is automatically vacated.
Grounds to Rescind: Build a Winning Case
Our attorneys attack the suspension on key legal grounds:
• Lack of probable cause: Was your traffic stop lawful under 625 ILCS 5/11-501?
• Faulty testing procedures: Device calibration lapses under 20 Ill. Adm. Code 1280 or uncertified operators.
• Improper notice: Incomplete or late suspension notices from the Secretary of State.
• Medical or legal defenses: Legitimate health or medication factors that can skew test results.
Our Step-by-Step Rescind Process
- We don’t wait: We draft and file your Petition to Rescind immediately, even if your 1st court date is in the future
- We demand discovery from the prosecutor that requires them to turn over all of your arrest documents, test results, and police reports.
- Court Hearing Representation: At your hearing, we challenge the evidence, cross-examine state witnesses, and insist on the 30-day hearing deadline.
- Criminal Case Coordination: We align your statutory suspension defense with your criminal DUI case strategy for the best overall outcome.
Real-World Results: Keeping You on the Road
• 100% success rate when the Prosecutor isn’t ready for the hearing within 30 days
• BAIID devices and MDDP Permits guidance for commuting and getting to work
• Immediate relief from impending license suspension upon a successful Petition to Rescind hearing.
With flat fees from $500 and no hidden charges, Fabbrini Law Group offers the strongest defense for anyone arrested for DUI in Cook County.
Act Now to Protect Your License
Time is ticking—file your Petition to Rescind before the 90-day deadline and secure your 30-day hearing right.
Call Fabbrini Law Group at (312) 494-3131 now for your free consultation and stop your suspension in its tracks.
Note: This blog post provides general information only. Consult a qualified attorney for advice specific to your situation.