---
title: "What is the 46-day rule in the Illinois Statutory Summary Suspension?"
description: "The 46-day rule refers to the automatic effective date of the Statutory Summary Suspension under 625 ILCS 5/11-501.1. When a driver either fails chemical testing (BAC 0.08 or above) or refuses to..."
url: https://chicagoduilawyer.net/faq-items/what-is-the-46-day-rule-in-the-illinois-statutory-summary-suspension/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# What is the 46-day rule in the Illinois Statutory Summary Suspension?

The **46-day rule** refers to the automatic effective date of the Statutory Summary Suspension under 625 ILCS 5/11-501.1. When a driver either fails chemical testing (BAC 0.08 or above) or refuses to submit to testing, the Secretary of State issues a summary suspension that **takes effect on the 46th day after the notice of suspension is served**. The 46 days give the driver a window to file a **Petition to Rescind Statutory Summary Suspension** under 625 ILCS 5/2-118.1 and, if eligible, apply for a Monitoring Device Driving Permit (MDDP) to preserve driving privileges. Missing the 46-day window means the suspension goes into effect and the driver cannot legally drive until it terminates or an MDDP is issued.