The DS367 is the Illinois Statutory Summary Suspension Notice served on the driver at the time of arrest under 625 ILCS 5/11-501.1. The arresting officer completes the form and hands it to the driver at the police station after the breath test result or a refusal is recorded. The DS367 does three things: it notifies the driver that a Statutory Summary Suspension will take effect on the 46th day after arrest, it serves as a temporary driving permit for the first 45 days, and it starts the 90-day clock for filing a Petition to Rescind under 625 ILCS 5/2-118.1(b). The DS367 is also the document the Secretary of State uses to enter the suspension into the driving record. Losing the physical form does not cancel the suspension. A defense lawyer needs the DS367 to file the Petition to Rescind and to check for procedural defects in how the arrest was documented.
