What is a Statutory Summary Suspension (SSS) in Illinois?
If you’ve been pulled over and hit with a DUI in Illinois, you’re likely to hear the term Statutory Summary Suspension (SSS). It sounds technical (and it is), but understanding it can make all the difference when it comes to protecting your driving privileges.
Lake County DUI attorney, Alan Lenczycki, breaks it down—clearly and simply.
What Is a Statutory Summary Suspension?
A Statutory Summary Suspension is a civil penalty, not a criminal one. It’s issued by the Illinois Secretary of State when:
You refuse to take a chemical test (breath, blood, or urine), OR
You fail the test (blood alcohol content of 0.08 or higher, or any trace of illegal substances).
This type of suspension is automatic and separate from any criminal DUI charges.
What Happens at a Summary Suspension Hearing?
If you choose to fight the suspension, you'll go before a judge. The hearing will look into:
Whether the officer had probable cause to stop you
If they properly informed you about the consequences of refusing or failing a test
Whether the test results or refusal justify a suspension
You have 90 days from the date on your suspension notice to file a petition to rescind the suspension.
When Does the Suspension Start?
The suspension starts on the 46th day after the arresting officer gives you the notice.
Even if you apply for a permit or challenge the case, your license will still be suspended unless the court rules in your favor.
How Long Will My License Be Suspended?
That depends on a few factors:
First offense – Refused test, 12 months
First offense – Failed test, 6 months
Second offense – Refused test, 3 years
Second offense – Failed test, 1 year
Can I Still Drive During My Suspension?
Yes—if it’s your first offense.
You may qualify for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a BAIID (Breath Alcohol Ignition Interlock Device) installed in your car.
The BAIID:
Requires you to blow into a device before your car will start
Tracks your blood alcohol level
Notifies authorities if tampered with
To get the permit, you must:
Not have prior DUIs in the past 5 years
Have a BAC under 0.20
Install the BAIID through an approved vendor
Did You Know?
Illinois has an Implied Consent Law. That means by driving on Illinois roads, you’re automatically agreeing to chemical testing if you’re suspected of DUI. Refusing means an automatic suspension, even if you're not convicted.
Can I Avoid a Suspension Altogether?
Possibly.
If you act fast and file a petition to rescind, your attorney can:
Review whether the officer followed protocol
Challenge the legality of the traffic stop
Argue for dismissal based on insufficient evidence
Judges may throw out suspensions if the arresting officer fails to appear, or if proper notice wasn’t given. Time matters here—so don’t wait.
What If I Want to Fight It?
Good news—you don’t have to go it alone.
A skilled DUI attorney can:
File your petition to rescind
Represent you at your summary suspension hearing
Help you apply for a hardship license if needed
Defend you against criminal DUI charges too
Talk to a DUI Lawyer Today
If you're facing a Statutory Summary Suspension in Illinois, it’s crucial to take action quickly. Don’t risk losing your license—or worse. Call Libetyville DUI Attorney Alan Lenczycki at (847) 262-9888 for a free consultation.
