Illinois DUI Defense and Statutory Summary Suspension Hearing Package

Illinois DUI Defense and Statutory Summary Suspension Hearing Package

Cover Memorandum and Client Information

SECTION 1 — Implied Consent and SSS Summary (Client Handout)

Under 625 ILCS 5/11-501.1, any person driving on Illinois highways is deemed to have consented to chemical testing of breath, blood, other bodily substance, or urine if arrested by a law enforcement officer who has reasonable grounds to believe the person was driving under the influence.

Key consequences:

☐ Refusal — Statutory Summary Suspension (SSS) of driving privileges for 12 months (first offender) or 3 years (not a first offender).
☐ Failure (BAC ≥ 0.08, THC ≥ 5 ng/mL whole blood or 10 ng/mL other bodily substance, or any amount of an unlawful controlled substance) — SSS of 6 months (first offender) or 1 year (not a first offender).
☐ The SSS takes effect on the 46th day after notice of suspension is served (625 ILCS 5/6-208.1).
☐ A petition to rescind the SSS must be filed within 90 days of the notice (625 ILCS 5/2-118.1(b)) and the hearing must be held within 30 days of filing or on the first court date set 30+ days out, whichever is later.
☐ A Monitoring Device Driving Permit (MDDP) is available to most first offenders during the SSS, under 625 ILCS 5/6-206.1, requiring a BAIID (Breath Alcohol Ignition Interlock Device).

SECTION 2 — Petition to Rescind Statutory Summary Suspension

IN THE CIRCUIT COURT OF THE [____________] JUDICIAL CIRCUIT, [____________] COUNTY, ILLINOIS

Case No.: [________________________________]

PETITION TO RESCIND STATUTORY SUMMARY SUSPENSION

NOW COMES the Petitioner, [CLIENT FULL NAME], by and through undersigned counsel, and pursuant to 625 ILCS 5/2-118.1 and 625 ILCS 5/11-501.1, petitions this Honorable Court to rescind the Statutory Summary Suspension imposed upon Petitioner's driving privileges, and in support states:

1. On [__/__/____], Petitioner was arrested by Officer [____________] of the [____________] for an alleged violation of 625 ILCS 5/11-501.

2. Petitioner was served with a Law Enforcement Sworn Report and Notice of Statutory Summary Suspension, which is set to take effect on [__/__/____].

3. This Petition is filed within 90 days of the service of notice pursuant to 625 ILCS 5/2-118.1(b).

4. Petitioner contests the suspension on the following statutory grounds (check all that apply):

☐ (a) Petitioner was not properly placed under arrest for an offense as defined in 625 ILCS 5/11-501, or a similar provision of a local ordinance;
☐ (b) The arresting officer did not have reasonable grounds to believe Petitioner was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, intoxicating compound, or any combination thereof;
☐ (c) Petitioner, after being advised by the arresting officer that privileges to operate a motor vehicle would be suspended if Petitioner refused to submit to and complete the test or tests, did not refuse;
☐ (d) Petitioner, after being so advised, did submit to and complete the test or tests, and the test sample did not disclose an alcohol concentration of 0.08 or more, a controlled substance, or THC in excess of statutory limits;
☐ (e) The arresting officer did not warrantlessly intrude into Petitioner's body in violation of Birchfield v. North Dakota, 579 U.S. 438 (2016);
☐ (f) Other: [________________________________].

5. Petitioner requests that this hearing be set within 30 days of the filing of this Petition, or on the first court date scheduled within 30 days of filing, pursuant to 625 ILCS 5/2-118.1(b).

WHEREFORE, Petitioner respectfully prays that the Court enter an order rescinding the Statutory Summary Suspension and directing the Secretary of State to reinstate Petitioner's driving privileges.

Respectfully submitted,

[____________________________] (Attorney Signature)
[____________________________] (Printed Name, ARDC No.)
[____________________________] (Firm)
[____________________________] (Address, Phone, Email)
Date: [__/__/____]

Notice of Filing / Certificate of Service: I certify that on [__/__/____] I served a copy of this Petition upon the State's Attorney by [____________].

SECTION 3 — Demand for Discovery (Supreme Court Rule 412 / 411)

IN THE CIRCUIT COURT OF [____________] COUNTY, ILLINOIS
People v. [CLIENT], Case No. [____________]

DEFENDANT'S DEMAND FOR DISCOVERY

Pursuant to Illinois Supreme Court Rules 411, 412, and 413, the Sixth and Fourteenth Amendments to the United States Constitution, Article I §§ 2, 6, 8, and 10 of the Illinois Constitution, Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), Defendant demands the following:

1. ☐ All written or recorded statements of Defendant, including the substance of any oral statement.
2. ☐ Names and addresses of all witnesses the State intends to call, with their written or recorded statements.
3. ☐ All law enforcement reports, supplemental reports, and CAD/dispatch logs.
4. ☐ Audio and video recordings, including all squad-car (in-car), body-worn camera, station/booking room, and breath-test-room footage from time of stop through release.
5. ☐ Field sobriety test (FST) checklists, NHTSA scoring sheets, and any officer training records related to Standardized FSTs.
6. ☐ Breath-test instrument records under 625 ILCS 5/11-501.2 and 20 Ill. Adm. Code 1286, including: instrument logbook, certificates of accuracy, calibration/maintenance records for 12 months pre- and post-test, the certified operator's permit, the printed evidentiary ticket, simulator solution certificates, and source code documentation for the Intoxilyzer/EC/IR-II or other instrument used.
7. ☐ Chain of custody, lab reports, retention samples, gas chromatograph data, ISP forensic laboratory packet, and analyst notes for any blood or urine testing.
8. ☐ Medical records authorized to be released under 625 ILCS 5/11-501.4 (hospital-derived BAC).
9. ☐ All evidence favorable to Defendant within the meaning of Brady, including any Giglio impeachment material on State witnesses.
10. ☐ Officer personnel files for sustained findings of dishonesty, excessive force, or testing irregularity.
11. ☐ Any prior testimony of State witnesses on issues to be litigated.
12. ☐ Documents and tangible objects the State intends to introduce.
13. ☐ Reports of any experts the State intends to call, plus underlying data and CV.
14. ☐ List of Defendant's prior convictions the State intends to use.
15. ☐ Defendant requests the State produce the foregoing within 28 days and supplement as required by Rule 415(b).

[____________________________] (Attorney Signature)
Date: [__/__/____]

SECTION 4 — Motion to Suppress Evidence / Quash Arrest

IN THE CIRCUIT COURT OF [____________] COUNTY, ILLINOIS
People v. [CLIENT], Case No. [____________]

MOTION TO SUPPRESS EVIDENCE AND QUASH ARREST

NOW COMES the Defendant, by counsel, and pursuant to 725 ILCS 5/114-12, the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, and Article I §§ 2, 6, and 10 of the Illinois Constitution, moves this Honorable Court to quash arrest and suppress evidence, and states:

Facts:

1. On [__/__/____] at approximately [____] [a.m./p.m.], Defendant was operating a motor vehicle near [____________] in [____________] County, Illinois.
2. Officer [____________] initiated a traffic stop based on alleged [____________].
3. The officer then conducted [field sobriety tests / preliminary breath test / chemical testing / search].
4. Defendant was thereafter arrested for an alleged violation of 625 ILCS 5/11-501.

Grounds for Suppression (check all that apply):

☐ The stop lacked reasonable articulable suspicion under Terry v. Ohio, 392 U.S. 1 (1968), and People v. Hackett, 2012 IL 111781.
☐ The duration of the stop exceeded its lawful scope under Rodriguez v. United States, 575 U.S. 348 (2015).
☐ The arrest was made without probable cause.
☐ Field sobriety tests were administered in non-conformity with NHTSA standards, rendering the results inadmissible.
☐ The warrantless blood draw violated Missouri v. McNeely, 569 U.S. 141 (2013), and Mitchell v. Wisconsin, 588 U.S. 840 (2019).
☐ The criminal-penalty refusal advisory violated Birchfield v. North Dakota, 579 U.S. 438 (2016).
☐ Miranda warnings were not given prior to custodial interrogation.
☐ The breath test instrument was not properly certified, calibrated, or operated under 20 Ill. Adm. Code 1286.
☐ The chemical analyst was not properly licensed under 625 ILCS 5/11-501.2.
☐ Other: [________________________________].

WHEREFORE, Defendant respectfully requests that this Court suppress all evidence obtained directly or derivatively from the unlawful stop, arrest, and search, including all statements, observations, FST results, chemical test results, and tangible evidence, and quash the arrest.

[____________________________] (Attorney Signature)
Date: [__/__/____]

SECTION 5 — MDDP / Restricted Driving Permit Petition Worksheet

For Restricted Driving Permit (post-revocation) — Hearing Type:

☐ Informal hearing (1st DUI revocation, no fatality) — fee $50
☐ Formal hearing (2+ DUI, or fatality) — fee $50, sworn testimony, 90+ day decision window

Required Documentation for SOS Hearing:

☐ Uniform Report (alcohol/drug evaluation) — current within 6 months
☐ Treatment / education completion verification (Level I, II, or III)
☐ Driving abstract
☐ Notarized statement of intent
☐ Three letters of support / character references
☐ Proof of BAIID installation (if applicable)
☐ Proof of hardship / need (work, school, medical)

SECTION 6 — Plea Negotiation and Sentencing Worksheet (625 ILCS 5/11-501)

Plea Worksheet:

Client Plea Acknowledgement:
I, [CLIENT NAME], confirm that counsel has explained the charges, the maximum and minimum penalties, immigration consequences under Padilla v. Kentucky, 559 U.S. 356 (2010), CDL disqualification under 49 C.F.R. § 383.51, and the collateral SOS revocation consequences. I understand this DUI conviction is non-expungeable in Illinois under 20 ILCS 2630/5.2.

Client Signature: [____________________________] Date: [__/__/____]
Attorney Signature: [____________________________] Date: [__/__/____]

Sources and References

• 625 ILCS 5/11-501 — Driving Under the Influence
• 625 ILCS 5/11-501.1 — Statutory Summary Suspension / Implied Consent
• 625 ILCS 5/11-501.2 — Chemical Tests
• 625 ILCS 5/11-501.4 — Hospital Records
• 625 ILCS 5/2-118.1 — Opportunity for Hearing
• 625 ILCS 5/6-208.1 — Period of SSS
• 625 ILCS 5/6-206.1 — MDDP
• 92 Ill. Adm. Code 1001.420 — Restricted Driving Permits
• 92 Ill. Adm. Code 1001.444 — MDDP Procedures
• 20 Ill. Adm. Code 1286 — Standards for Breath Alcohol Testing
• Illinois Secretary of State, Driver Services: https://www.ilsos.gov/departments/drivers/drivers_license/dui.html