When a driver in Illinois refuses to submit to or fails a chemical test for an alleged driving under the influence (DUI) offense, it can result in a statutory summary suspension of driving privileges. State law provides that a person fails a chemical test when they have a blood alcohol concentration (BAC) of 0.08 or more, a THC level above the legal limit, or other illicit substances in their system.
Statutory summary suspensions are automatic and become effective 46 days after the date of a suspension notice. People can request judicial hearings to challenge arrests, but the requests may not stop suspensions from taking effect.
DUI Testing Penalties in Illinois
The statutory summary suspension is an administrative process. A DUI criminal charge is separate from the statutory summary suspension penalties and will be prosecuted and adjudicated in the courts.
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