ILCS » Chapter 625 · Act 5
Illinois Compiled Statutes

625 ILCS 5/2-118.1 (2026)

Opportunity for hearing; statutory summary alcohol or other drug related suspension or revocation pursuant to Section 11-501

✓ current as of May 2026
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(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
    Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol or other drug related suspension or revocation pursuant to Section 11-501.1.
    (a) A statutory summary suspension or revocation of driving privileges under Section 11-501.1 shall not become effective until the person is notified in writing of the impending suspension or revocation and informed that he may request a hearing in the circuit court of venue under paragraph (b) of this Section and the statutory summary suspension or revocation shall become effective as provided in Section 11-501.1.
    (b) Within 90 days after the notice of statutory summary suspension or revocation served under Section 11-501.1, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the statutory summary suspension or revocation rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued pursuant to a violation of Section 11-501, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the statutory summary suspension or revocation. The hearings shall proceed in the court in the same manner as in other civil proceedings.
    The hearing may be conducted upon a review of the law enforcement officer's own official reports; provided however, that the person may subpoena the officer. Failure of the officer to answer the subpoena shall be considered grounds for a continuance if in the court's discretion the continuance is appropriate.
    The scope of the hearing shall be limited to the issues of:
        1. Whether the person was placed under arrest for an
    
offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and
        2. Whether the officer had reasonable grounds to
    
believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and
        3. Whether the person, after being advised by the
    
officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration; or
        4. Whether the person, after being advised by the
    
officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
        4.2. (Blank).
        4.5. (Blank).
        5. If the person's driving privileges were revoked,
    
whether the person was involved in a motor vehicle crash that caused Type A injury or death to another.
    Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the statutory summary suspension or revocation and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers, and Secretary of State.
(Source: P.A. 102-982, eff. 7-1-23.)

    
Notes of Decisions
Cited in 98 cases (21 in the last 5 years), 1994–2026 · leading case: People v. Wear, 893 N.E.2d 631 (Ill. 2008).
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People v. Wear, 893 N.E.2d 631 (Ill. 2008). · cites it 4× “" If a motorist submits to testing that reveals a blood-alcohol level in excess of the legal limit, or if he or she refuses to submit to testing, his or her driving privileges will be summarily suspended by the Secretary of State upon the submission of a sworn report of the…”
People v. McClure, 843 N.E.2d 308 (Ill. 2006). · cites it 5× “1(b) of the Illinois Vehicle Code (625 ILCS 5/2-118.1(b) (West 2002)), such that a driver who voluntarily withdraws a petition to rescind a statutory summary suspension of a driver's license may refile the petition within one year.”
People v. Bywater, 861 N.E.2d 989 (Ill. 2006). · cites it 4× “Bywater was notified that statutory summary suspension of his driver's license would take effect pursuant to the Illinois Vehicle Code (625 ILCS 5/11-501.”
People v. Guillermo, 2016 IL App (1st) 151799 (Ill. App. Ct. 2016). · cites it 4× “1(b) of the Illinois Vehicle Code (Code) (625 ILCS 5/2-118.1(b) (West 2014)). On appeal, the defendant argues that: (1) the circuit court lacked subject matter jurisdiction; (2) the court erred by holding a hearing on his petition to rescind because the matter was not ripe for…”
People v. Ehley, 887 N.E.2d 772 (Ill. App. Ct. 2008). · cites it 4× “1 of the Vehicle Code (625 ILCS 5/2-118.1 (West 2006)) so long as certain requirements are met, such as the tests being performed according to certain standards).”
People v. Ullrich, 767 N.E.2d 411 (Ill. App. Ct. 2002). · cites it 5× “I believe the way the trial court conducted the hearing implicates section 2-118.1 of the Illinois Vehicle Code in a way that is unconstitutional as applied to this defendant and these peculiar facts and circumstances.”
People v. Smith, 665 N.E.2d 1215 (Ill. 1996). · cites it 3× “On April 27, the motion for substitution of judge was summarily granted without argument by the parties or objection by the State.”
People v. Elliott, 2012 IL App (5th) 100584 (Ill. App. Ct. 2012). · cites it 9× “625 ILCS 5/2-118.1(b) (West 2008). The court is required to hold a hearing within 30 days of receipt of the driver’s petition or the first appearance date for the DUI ticket.”
People v. Brown, 871 N.E.2d 931 (Ill. App. Ct. 2007). · cites it 7× “See 625 ILCS 5/2-118.1(b) (West 2004). The trial court denied the motion to dismiss, and, following a hearing on the refiled petition, the court denied the petition to rescind.”
People v. MIKLOS, 914 N.E.2d 506 (Ill. App. Ct. 2009). · cites it 6× “625 ILCS 5/2-118.1 (West 2006). Section 2-118.”
People v. Focia, 679 N.E.2d 121 (Ill. App. Ct. 1997). · cites it 4× “Presiding Justice LYTTON, specially concurring: When the General Assembly enacted legislation providing for the rescission of statutory summary suspension of drivers licenses (625 ILCS 5/2-118.1 (West 1994)), it failed to provide a definition for "rescission" and failed to state…”
People v. Dittmar, 954 N.E.2d 263 (Ill. App. Ct. 2011). · cites it 3× “¶ 1 The State appeals from the orders of the circuit court of Stephenson County (1) granting the motion by defendant, Jonathan Dittmar, to quash his arrest and suppress evidence, (2) granting defendant's motion for leave to file, outside the 90-day statutory period (625 ILCS…”
Show all 98 citing cases →
— 625 ILCS 5/2-118.1(a) — 5 cases
People v. Gocmen, 2018 IL 122388 (Ill. 2018).
People v. Gocmen, 2018 IL 122388 (Ill. 2019).
People v. Focia, 679 N.E.2d 121 (Ill. App. Ct. 1997). “Presiding Justice LYTTON, specially concurring: When the General Assembly enacted legislation providing for the rescission of statutory summary suspension of drivers licenses (625 ILCS 5/2-118.1 (West 1994)), it failed to provide a definition for "rescission" and failed to state…”
People v. McLeer, 2015 IL App (2d) 140526 (Ill. App. Ct. 2015).
People v. Solan, 2012 IL App (2d) 110944 (Ill. App. Ct. 2012).
— 625 ILCS 5/2-118.1(b) — 78 cases
People v. McClure, 843 N.E.2d 308 (Ill. 2006). “1(b) of the Illinois Vehicle Code (625 ILCS 5/2-118.1(b) (West 2002)), such that a driver who voluntarily withdraws a petition to rescind a statutory summary suspension of a driver's license may refile the petition within one year.”
People v. Wear, 893 N.E.2d 631 (Ill. 2008). “" If a motorist submits to testing that reveals a blood-alcohol level in excess of the legal limit, or if he or she refuses to submit to testing, his or her driving privileges will be summarily suspended by the Secretary of State upon the submission of a sworn report of the…”
People v. Guillermo, 2016 IL App (1st) 151799 (Ill. App. Ct. 2016). “1(b) of the Illinois Vehicle Code (Code) (625 ILCS 5/2-118.1(b) (West 2014)). On appeal, the defendant argues that: (1) the circuit court lacked subject matter jurisdiction; (2) the court erred by holding a hearing on his petition to rescind because the matter was not ripe for…”
People v. Bywater, 861 N.E.2d 989 (Ill. 2006). “Bywater was notified that statutory summary suspension of his driver's license would take effect pursuant to the Illinois Vehicle Code (625 ILCS 5/11-501.”
People v. Smith, 665 N.E.2d 1215 (Ill. 1996). “On April 27, the motion for substitution of judge was summarily granted without argument by the parties or objection by the State.”
— 625 ILCS 5/2-118.1(b)(1) — 9 cases
People v. Wear, 893 N.E.2d 631 (Ill. 2008). “" If a motorist submits to testing that reveals a blood-alcohol level in excess of the legal limit, or if he or she refuses to submit to testing, his or her driving privileges will be summarily suspended by the Secretary of State upon the submission of a sworn report of the…”
People v. Kavanaugh, 2016 IL App (3d) 150806 (Ill. App. Ct. 2016).
People v. Howard, 2022 IL App (3d) 210134 (Ill. App. Ct. 2022).
People v. Elliott, 2012 IL App (5th) 100584 (Ill. App. Ct. 2012). “625 ILCS 5/2-118.1(b) (West 2008). The court is required to hold a hearing within 30 days of receipt of the driver’s petition or the first appearance date for the DUI ticket.”
People v. Solan, 2012 IL App (2d) 110944 (Ill. App. Ct. 2012).
— 625 ILCS 5/2-118.1(b)(2) — 14 cases
People v. Bywater, 861 N.E.2d 989 (Ill. 2006). “Bywater was notified that statutory summary suspension of his driver's license would take effect pursuant to the Illinois Vehicle Code (625 ILCS 5/11-501.”
People v. Howard, 2022 IL App (3d) 210134 (Ill. App. Ct. 2022).
People v. Relwani, 2019 IL 123385 (Ill. 2019).
People v. Relwani, 2019 IL 123385 (Ill. 2019).
People v. Dittmar, 954 N.E.2d 263 (Ill. App. Ct. 2011). “¶ 1 The State appeals from the orders of the circuit court of Stephenson County (1) granting the motion by defendant, Jonathan Dittmar, to quash his arrest and suppress evidence, (2) granting defendant's motion for leave to file, outside the 90-day statutory period (625 ILCS…”
— 625 ILCS 5/2-118.1(b)(3) — 1 case
People v. Ehley, 887 N.E.2d 772 (Ill. App. Ct. 2008). “1 of the Vehicle Code (625 ILCS 5/2-118.1 (West 2006)) so long as certain requirements are met, such as the tests being performed according to certain standards).”
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