When a person commits certain moving violations in Illinois — especially serious ones like DUI and aggravated DUI — that person can lose driving privileges. Depending on what happened and the number of previous offenses, if any, the Secretary of State may require driver’s license suspension or revocation. While these two mechanisms are slightly different, they both prohibit a person from driving for a certain period of time.
Reasons for License Suspension or Revocation
The reasons for driver’s license suspension or revocation in Illinois include but are not necessarily limited to:
- Driving Under the Influence (DUI) — Drivers who operate their vehicles while intoxicated or impaired can face license suspension or revocation.
- Excessive Driver’s License Points — Drivers who accumulate too many points for moving violations, such as speeding or reckless driving, can face license suspension or revocation.
- Graduated Driver’s License (GDL) Violations — Underage drivers with moving violations or unpaid tickets can face license suspension or revocation.
- Failing to Appear in Court — Drivers who fail to appear in court for moving violations, traffic tickets, or other offenses can face license suspension or revocation.
Reinstatement After Suspension or Revocation
The Illinois reinstatement process is different for suspended and revoked driver’s licenses. To reinstate a suspended driver’s license a person must:
- Close all suspensions or revocations on their driving record;
- Complete any court-ordered requirements; and
- Pay the $250 reinstatement fee (first-time offenders); or
- Pay the $500 reinstatement fee (repeat offenders).
The reinstatement process for revoked licenses is generally much more intensive. To reinstate a revoked driver’s license a person must:
- Have a clear driving record with satisfaction of any suspensions or revocations;
- Complete alcohol/drug treatment and education programs;
- Submit to alcohol/drug assessment and submit proof of treatment, if required;
- Appear before a state officer for an informal or formal hearing;
- Demonstrate to the state officer that reinstatement is appropriate;
- File proof of financial responsibility with the Secretary of State;
- Pass the state driver’s license exam (driving, vision, written); and
- Pay the $500 reinstatement fee.
Reinstatement of a suspended or revoked license becomes effective when the Secretary of State adds an appropriate entry into the official driving record.
Punishment for Driving During Suspension or Revocation
Under 625 ILCS 5/6-303, it is a Class A misdemeanor to drive on suspended or revoked license in Illinois. If convicted for this class of misdemeanor, the offender can face a maximum sentence of 364 days in jail and $2,500 in fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at email@example.com or by completing an online form.