Per the implied consent law in Illinois a person charged with a DUI may be suspended for one year for not submitting to a breathalyzer test or six months if a person blows in a breathalyzer and yields a result above .08. This suspension can be contested and a driver can have his or driving privileges reinstated after a hearing contesting the suspension. For a second time offender the suspension can be for up to three years. The hearing will be in front of a judge and the motorist may contest the suspension on the following grounds.
- The driver was not properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois Vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket to other form of charge:
- The arresting officer did not have reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof:
- The driver was not properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1(c) of the Illinois Vehicle Code:
- The driver did not refuse to submit to and/or complete the required chemical test or tests, pursuant to 625 ILCS 5/11-501.1 (d) of the Illinois Vehicle Code, upon the request of the arresting officer:
- The driver submitted to the requested test or tests but the test sample of the blood alcohol concentration did not yield .08 or over
- The vehicle was stopped pursuant to an illegal stop
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