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Ways to avoid Summary Suspension of Driver’s License as a result of a DUI arrest

The summary suspension laws in Illinois provide that your driving privileges may be suspnded six months if you fail a breath test.   On the other hand, if you refuse to take a breath test, the suspension is for one year.  These suspension periods are increased if you have a prior DUI.

Often times, a summary suspension can be negotiated just like any other criminal case.    As part of the “give and take” process, sometimes there can be an agreement reached between the prosecutor and the defense attorney that avoids the suspension altogether.  Every case is different.

Of course, ultimately a defendant can have a hearing to determine if the summary suspension should be imposed after a DUI arrest.   There are many legal defenses that exist for challenging a DUI arrest and summary suspension.   Some of the more common defenses include such things as the police officer not having a basis to stop your vehicle.  Also, once stopped, you can challenge the DUI arrest iteself, claiming the police officer did not have probable cause to belileve you were under the influence of alcohol or drugs.  Finally, issues may exist regarding the reliablility of the breath machine itself, or whether or not you truly “refused” to take the test.

Summary Suspension law is an intregal part of DUI defense.  There are many aspects of a summary suspension that provide the basis for favorable negotiations, or if necessary, a contested hearing.

The Law Office of Stephen Brundage provides legal respresentation for criminal arrests, including Driving While Under the Influence of Alcohol,  and has conducted hundreds of these types of hearings in DuPage County and surrounding counties.

 

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