Any DUI arrest results in a dui suspension know as a “dui summary suspension” of a person’s driving privileges. This dui suspension is a temporary suspension of a persons driving privileges that will start 46 days from the date the person is notified of the dui suspension. (usually the arrest date unless lab testing of a persons blood/urine was done)
The length of the dui summary suspension will depend upon whether a person took or refused breath, blood, or urine testing, as well as a persons prior DUI history.
First time offender
If a person has not had a prior DUI or dui suspension within 5 years of this DUI, they will be considered a “first time offender”, but only for “dui summary suspension” purposes. If someone is considered a first time offender, the period of suspension will last for 6 months if there was a breath, blood, or urine test with a result of .08 or higher. If a first time offender refuses any such test, the suspension will last 12 months.
In either of these circumstances, a person will be eligible for for a driving permit that allows them to drive during the length of the suspension, minus the first month. The first month of the dui suspension is known as a “hard suspension” where no driving at all is allowed. After the first month, the person can be issued a MDDP (monitoring device driving permit). The permit is monitored by a BAIID (breath alcohol ignition interlock device). Other than the permit requiring the BAIID device, there are no other limits on driving. A person can drive anywhere, anytime and for any purpose, as long as the vehicle being driven is BAIID equipped.
Second Time Offender
If a person has a prior DUI disposition, or DUI summary suspension, within 5 years of the current DUI arrest, they will not be considered a “first offender”. In this circumstance, the period of dui summary suspension will last for 12 months if someone took a breath, blood or urine test with a result of .08 or higher and will last for 36 months for anyone considered to have refused any such test.
However, the harshest result of someone not being a “first time offender” is that during the length of the suspension period a person is not eligible for any permit or driving relief WHATSOEVER. No driving at all, no matter what hardships may exist.
Recission of Dui Suspension
Any dui summary suspension is susceptible to being dismissed or rescinded. Most typically, a judge will rescind a suspension:
- if a timely hearing on a request to rescind the suspension is not held,
- if no probable cause existed for the DUI arrest, and/or
- if there there were not proper admonishments of the consequences of taking or refusing breath, blood or urine testing
Other situations may allow for a dismissal of a suspension, but these are the most common.
Former prosecutor Steven Haney has handled hundreds of DUI cases involving all types of situations. He is in the DUI courts of Will County on a daily basis and knows DUI defense second to none. To discuss in confidence your situation, contact us at 815-723-5600 or via e-mail.