Sugar Grove DUI Lawyers
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Ruben Sanmiguel:
- Driving Under The Influence: DUI
A person accused of DUI needs to understand that a police officer will conduct tests, if after issuing a citation for any traffic offense, he/she has probable cause to believe the driver has consumed alcohol or other intoxicating substances.
- Chemical Testing and the Statutory Summary Suspension
In the State of Illinois, a statutory summary suspension is an administrative procedure providing for the automatic driverís license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.
- Penalties for failing chemical testing:
first offense - mandatory 3-month driver's license suspension
second offense - mandatory 12-month suspension
Penalty for refusing or failing to complete chemical testing:
first refusal or failure to complete test - mandatory six-month driver's license suspension
second refusal or failure to complete test - mandatory 36-month suspension
- A statutory summary suspension does not apply to an individual who has a BAC of less than .08. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine any penalties.
- Summary suspensions are automatic, effective on the 46th day from the notice date of the suspension. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction.
- An offender may request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect. Source: cyberdriveillinois.com
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