David M. Rafferty
David Rafferty & Associates
June, 2006 to present

2006 - present
Illinois State Bar Association

2006 - present
American Bar Association

March, 2001 to May, 2006
Asst. State's Attorney
DuPage County

Prosecutor of the Year
DuPage County

Admitted to Illinois Bar

January, 2000
The John Marshall Law School
Chicago, IL
Juris Doctor

College of Rathmines
Dublin, Ireland
Master of International Law

University College Dublin
Dublin, Ireland
Bachelor of Arts (cum laude)
Statutory summary suspension
A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver's license because you either refused a blood, breath or urine test; or you took such a test and it revealed a blood alcohol concentration of 0.08 or greater; or it revealed illegal drugs in your system.

This suspension will go into effect on the 46th day after you were arrested.

If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will be classified as a "first offender" for suspension purposes. (This does not mean that you are a "first offender" for DUI sentencing purposes.)

A first offender will be suspended for:

90 days if you failed a blood, breath or urine test; six months if you refused to take a blood, breath or urine test. If you are a "first offender" then you are eligible for a Judicial Driving Permit for work, school or medical purposes.

If you are not a "first offender" then you will be suspended for one year if you failed a blood, breath or urine test; three years if you refused to take a blood, breath or urine test.

Regardless of your eligibility for a driving permit, your summary suspension can be challenged by filing a "Petition to Rescind the Statutory Summary Suspension" with the Court. The grounds on which the suspension may be challenged are limited by statute (See, 625 ILCS 5/2-118.1). To contest a summary suspension, a petition must be filed in the circuit court of venue within 90 days of receiving your notice of summary suspension. The burden of proof at a summary suspension hearing rests upon you. A hearing must be held within 30 days of the date the petition is filed, or on the first appearance date if a traffic ticket is issued for filing of the DUI charge.

The best way to approach contest a summary suspension is to contact David Rafferty and Associates as soon as possible. Call David Rafferty and Associates at 773.837.4493.

David M. Rafferty • Criminal and Juvenile Defense Attorney
Phone: 773.837.4493 • Fax: 773.935.8840
555 West Jackson, Blvd., Suite 700 • Chicago, IL 60661
e-mail: david@davidraffertylaw.com