IS THERE A PROCEDURE TO OVERTURN THE AUTOMATIC DUI SUSPENSION OF MY DRIVER’S LICENSE?

Posted on May 22, 2019 by mdkeenan

The answer is yes. You may be able to overturn your driver’s license suspension upon certain grounds.

After you are charged with DUI, the Secretary of State usually suspends your driver’s license on the 46th day after your arrest. Once you receive the notice of a statutory summary suspension of driving privileges, you may request a hearing before the court. You must state the grounds upon which you are seeking to rescind or overturn the suspension. See 625 ILCS 5/2-118.1. One basis for rescinding is that the officer lacked reasonable grounds to believe you were driving under the influence of alcohol or drugs.

Another basis is that the state is not ready to go forward with the officer’s testimony on the day of hearing. But to have a chance of winning on this basis, you must retain an attorney to file your petition as quickly as possible.

The petition to rescind your suspension is civil, not criminal. As such, you must make the initial showing that your license should be returned. If you succeed, the state must then present evidence justifying your suspension. If you fail, the court may rule for the state without the state having to present evidence. After hearing the evidence, the judge will determine whether to rescind the suspension of your license. Be advised, however, that even if you win your petition to rescind, your criminal case for DUI will still move forward.

If you have been charged DUI or similar offense, contact an experienced DUI attorney immediately. An attorney can file the petition and present the evidence in the hopes of saving your driver’s license.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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