As a rule of thumb, any judicial process that contains the word “summary” usually does not turn out well for individuals who are caught up in the process. DUI arrest-related Statutory Summary Suspension (SSS) is no exception, as these proceedings are almost impossible to avoid and almost as difficult to “win.”
Especially in SSS proceedings, “win” is a relative term, and in fact, opposing these proceedings almost always yields a positive result.
Technical Aspects
Once the flashing lights appear in the rearview mirror and the officer goes into DUI arrest mode, administrative license suspension is inevitable unless the officer releases the driver without making an arrest, and that outcome almost never happens.
Illinois is an implied consent state, so all drivers give preliminary consent to provide chemical samples — including a Breathalyzer sample — after a peace officer’s lawful demand. Drivers may revoke that consent later, but this decision has a cost, and that cost is a 12-month drivers’ licenses suspension for a first refusal, and a 36-month suspension for a subsequent refusal within five years.
Some offenders, especially first timers, may be eligible for a Monitored Device Driving Permit (MDDP) that requires a Breath Alcohol Ignition Interlock Device (BAIID).
Test failure can also trigger SSS. A person fails the test if the results indicate any of the following:
- A BAC above .08 (two or three drinks for most people),
- A THC level above 5 nanograms (one or two joints for most people), or
- A trace amount of a street narcotic, such as cocaine.
The maximum suspension period is six months for a first failure and 12 months for a subsequent failure within five years.
If the judge permits it, defendants may drive through the suspension periods if they have BAIIDs installed in their vehicles. Function varies by make and model, but generally, a BAIID cuts off the ignition if the person has a BAC above .04.
The full suspension automatically begins on the 46th day after the defendant receives notice of the action. Typically, the notice is buried in the mound of arrest paperwork that the defendant received at the stationhouse. If the defendant misses the appeal window, which usually closes 90 days after the notice is received, it is impossible to challenge the proceeding.
What Happens at the Hearing
Typically, at the SSS hearing, a Secretary of State employee, who is not a jurist and most likely not a lawyer either, serves as judge, jury, and executioner. That is strike one. Furthermore, the only issue is whether the officer had probable cause for the arrest, which is a very low evidentiary standard. That is strike two.
But even with two strikes, it is almost always possible to obtain a positive result. Regardless of the outcome, the hearing gives the defense attorney an invaluable opportunity to cross-examine the arresting officer under oath and get a detailed look at all the evidence in the case. Furthermore, if the evidence is weak, the judge will likely reduce the suspension period.
Count on Tenacious Lawyers
Aggressive representation at the SSS hearing is an important component of an overall DUI defense. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Zach Meaney)