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What is a Statutory Suspension?

statutory summary suspension is taken by the Secretary of State on someone’s Illinois driving privileges if they are arrested for driving under the influence of alcohol, other drugs, a DUI, and they refuse to submit to testing. What are your rights if you get a statutory suspension? To ensure that your rights are protected and that you are able to obtain the best possible resolution to your DUI case, you need to secure the representation of an experienced DUI attorney who knows your rights and how to defend you against criminal DUI charges and how to challenge a statutory suspension. In this video, criminal defense attorney Mario Godoy explains what a statutory suspension is, and what to do if your license is suspended.

Watch: Criminal Defense Attorney explains what a statutory suspension is – and what you can do about it


In this video, we’re going to explain what a statutory suspension means when you have been arrested for a DUI. 

As a matter of law, any driver in Illinois has agreed to submit to testing to determine whether he or she is impaired. The law implies this consent by virtue of being on a road in Illinois. This is commonly referred to as implied consent. 

The tests consist of a standard field sobriety test and the breathalyzer test. While you can refuse them, a failure to submit will result in a one-year summary suspension from the Secretary of State. 

If you’ve been arrested for a DUI, it is almost certain you will face a suspension of your driving privileges if you refuse to comply with the statutorily imposed obligation of testing, or if the results indicate you failed them.

It’s important to know that a statutory suspension is treated separately from the DUI case, which is a criminal matter. However, you still have a right to a hearing separate from the criminal case. There are arguments an attorney can make to challenge that summary suspension. 

If you have been arrested for a DUI, please do not hesitate to contact our firm for a consultation.

DuPage County DUI Attorney

If you’re charged with driving under the influence, an experienced DUI attorney who knows your rights can defend you against criminal DUI charges and challenge a statutory suspension. For a consultation regarding your DUI charges, Contact Us online or call us at 630-912-0322.

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AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties


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