A statutory summary suspension is an administrative suspension of your driving privileges as a result of a DUI arrest involving:

• A blood alcohol concentration (BAC) of .08% or more
• Any trace of impairing drugs in your bloodstream
• Failure to complete a chemical test (blood, breath, or urine)
• Refusal to test for alcohol or drugs

As stated above, a statutory summary suspension is effective the 46th day from the date you received notice and the SSS is separate from other criminal charges. Driving relief is available to first offenders after the first 30 days of suspension. In order to obtain relief, a Breath Alcohol Ignition Interlock Device (BAIID) must be installed.

Challenging the SSS in Court - Drivers have the right to request a hearing in the trial Court to challenge a SSS.  You have 90 days from the notice date to requesting a hearing. After 90 days, you lose your right to challenge the SSS.  And, the State has 30 days to respond to and conduct a hearing on your petition. After 30 days, they lose their right and you may "default" the issue and win. Assuming neither party defaults, the issues at a statutory summary suspension hearing will include the following:

• Were you properly arrested?
• Was there a valid reason to pull you over? 
• Were there reasonable grounds to believe you were under the influence of drugs or alcohol?
• Did you refuse to submit to chemical testing?
• Did your chemical test reveal a BAC of .08% or more, or any trace of marijuana or a controlled substance?
• Were you involved in a car accident involving personal injury or death?

It is important that your attorney understands the importance of challenging the Statutory Summary Suspension and the issues that are at play in those hearings. Often, the hearing may highlight some of the weaknesses in the State's criminal case depending on your performance on the field sobriety tests, the reason for the stop, if any bad driving was witnessed, etc.