---
title: "What is the 46-day trigger for Illinois Statutory Summary Suspension?"
description: "Under 625 ILCS 5/11-501.1, an Illinois Statutory Summary Suspension takes effect on the 46th day after the officer serves the notice of summary suspension. The 46-day window is a fixed statutory..."
url: https://chicagoduilawyer.net/faq-items/what-is-the-46-day-trigger-for-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 trigger for Illinois Statutory Summary Suspension?

Under 625 ILCS 5/11-501.1, an Illinois Statutory Summary Suspension takes effect on the 46th day after the officer serves the notice of summary suspension. The 46-day window is a fixed statutory period, not a grace period. A first-offender who fails a chemical test faces a 6-month suspension; a first-offender who refuses faces 12 months. Non-first-offenders face 12 months for a failed test and 36 months for a refusal. Petitions to rescind must be filed within 90 days of the notice and are heard before the suspension takes effect when scheduling permits. A Chicago DUI lawyer files immediately to preserve MDDP timing and rescission rights.