---
title: "When must a Petition to Rescind Statutory Summary Suspension be filed?"
description: "The Petition to Rescind Statutory Summary Suspension must be filed within 90 days after the notice of summary suspension is served under 625 ILCS 5/2-118.1(b). The hearing must occur within 30 days..."
url: https://chicagoduilawyer.net/faq-items/when-must-a-petition-to-rescind-statutory-summary-suspension-be-filed/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# When must a Petition to Rescind Statutory Summary Suspension be filed?

The **Petition to Rescind Statutory Summary Suspension** must be filed **within 90 days after the notice of summary suspension is served** under 625 ILCS 5/2-118.1(b). The hearing must occur within **30 days of filing** or on the first court date, whichever comes earlier. The petition is filed in the same Cook County branch court handling the criminal DUI. The four statutory grounds for rescission are: the arresting officer lacked reasonable grounds to believe the driver was in physical control while under the influence, the driver was not properly warned of the consequences of testing or refusal, the driver did not refuse testing, or the test did not indicate a BAC of 0.08 or higher. Missing the 90-day window forfeits the right to any hearing.