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.
