---
title: "When must the 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 itself must be held within..."
url: https://chicagoduilawyer.net/faq-items/when-must-the-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 the 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 itself must be held within 30 days after the petition is filed or on the first court date, whichever is earlier. Missing the 90-day filing window forfeits the right to challenge the suspension, and the driver serves the full suspension term. The petition is filed in the same court handling the criminal DUI case. Grounds for rescission include: the officer had no reasonable grounds to believe DUI occurred, the driver was not properly warned of the consequences of refusing or submitting to testing, the driver did not refuse, or the test did not register 0.08 or higher.