Summary Suspension

Statutory Summary Suspension | Rescission | Illinois Secretary of State

If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]

DUI Injury Accident | Motor Vehicle Accident | Driver Arrested for DUI | Police Blood Draw

The state legislature has amended the DUI statutes in 2011 and established additional civil penalties for people accused of driving under the influence. The law in Illinois up to 2010 provided that if a person was involved in a motor vehicle accident that resulted in personal injury or death, the police were allowed to draw […]

A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for […]

An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]

Statutory summary suspension for DUI based on drugs

by Sami Azhari on November 19, 2010

Summary Suspension | Positive Test for Drugs | Urine Test | Cocaine

When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the […]

MDDP | Illinois Permit Rules for Employer's Vehicle

Rules for MDDP with employer’s vehicle

by Sami Azhari on October 24, 2010

A Monitoring Device Driving Permit (MDDP) is available to first offenders during the summary suspension. Generally, the qualifications for an MDDP are that the person has had no DUIs or summary suspensions in the last 5 years, did not cause great bodily harm in the commission of the present offense, has never been convicted of […]

MDDP Violations Resulting in Cancellation by Secretary of State

Cancellation of MDDPs by the Secretary of State

by Sami Azhari on October 24, 2010

A violation of the rules for the Monitoring Device Driving Permit (MDDP) can cause the Secretary of State to take adverse action against that person’s driving privileges. The Secretary of State can extend the summary suspension, cancel the permit all together, and even require the driver to obtain a restricted driving permit after the summary […]

MDDP Rules Violations

A summary of Illinois MDDP violations

by Sami Azhari on October 23, 2010

The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used […]

During a period of statutory summary suspension, some defendants may qualify for a driving permit. The permit is called a Monitoring Device Driving Permit. The permit is referred to as an MDDP by attorneys and the courts. The statute is 625 ILCS 5/6-206.1 of the vehicle code. The MDDP is a permit allowing the defendant […]

SSS | Illinois Statutory Summary Suspension

Illinois statutory summary suspension law: the basics

by Sami Azhari on October 18, 2010

A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an arrest for driving under the influence, the person fails chemical testing or refuses to submit to chemical testing, his license will be subject to a statutory summary suspension. The summary suspension is […]