If my Illinois license is suspended or revoked and I drive, what are the possible penalties?

Under Illinois law, pursuant to 625 ILCS 5/6-303, it is unlawful for a person to drive or be in actual physical control of a motor vehicle when their driver’s license, permit, or privilege to do so or the privilege to obtain a driver’s license or permit is revoked or suspended.

The penalties associated with violating this statute vary depending on the reason why a driver’s license is suspended or revoked. If you are pulled over and your license is suspended or revoked for any of the reasons below, you will see that the penalties in Illinois can be severe. Even if you are cited with a misdemeanor violation, a conviction will cause the Secretary of State to re-suspend or revoke your license for the same amount of time as the original suspension or revocation. To possibly avoid your suspension or revocation being extended, it is important to hire a criminal defense attorney that handles these types of citations regularly.

Is your license suspended or revoked for moving violations, failures to pay or another non-aggravating circumstances?

• If you receive a conviction:
  • If your license is suspended: The Secretary of State will extend the suspension for the same period of time as the original suspension
  • If your license is revoked: The Secretary of State will not issue a driver’s license for an additional period of one year from the date of conviction
• First violation:
  • Class A Misdemeanor
  • Up to 364 days in jail
  • Generally eligible for court supervision
• Second violation:
  • Class A Misdemeanor
  • Up to 364 days in jail
  • Generally not eligible for court supervision
  • Required to serve a minimum of 100 hours of community service
• Third or subsequent violation:
  • Class A Misdemeanor
  • Up to 364 days in jail with a mandatory minimum term of imprisonment of 30 consecutive days or 300 hours of community service
• Fourth conviction:
  • In addition to other penalties imposed, the court may seize the license plates of the person’s vehicle or immobilize the person’s vehicle for a period of time determined by the court
• If you have any prior violations and cause a motor vehicle accident that causes personal injury or death to another:
  • Class 4 felony

Is your license suspended or revoked for a DUI or for leaving the scene of an accident that involved injury or death?

• If you receive a conviction:
  • If your license is suspended: The Secretary of State will extend the suspension for the same period of time as the original suspension
  • If your license is revoked: The Secretary of State will not issue a driver’s license for an additional period of one year from the date of conviction
• If offense is during a period of summary suspension and you were eligible for a MDDP or was issued a MDDP and in control of a motor vehicle not equipped with an ignition interlock device:
  • Class 4 felony
  • Minimum term of imprisonment of 30 days
  • The Secretary of State will not issue a driver’s license to that person for an additional period of one year from the date of the conviction
• First violation:
  • Class A Misdemeanor
  • Generally eligible for court supervision
  • If convicted, must serve a minimum term of imprisonment of 10 consecutive days or 30 days of community service
• Second violation:
  • Class 4 felony
  • Minimum term of imprisonment of 30 days or 300 hours of community service
• Third violation:
  • Class 4 felony
  • Must serve a minimum term of imprisonment of 30 days
• Fourth, fifth, sixth, seventh, eighth, or ninth violation:
  • Class 4 felony
  • Must serve a minimum term of imprisonment of 180 days
• Tenth, eleventh, twelfth, thirteenth, or fourteenth violation:
  • Class 3 felony
  • Not eligible for probation or conditional discharge
• Fifteenth or subsequent violation:
  • Class 2 felony
  • Not eligible for probation or conditional discharge

Are you suspended or revoked for a Reckless Homicide or similar offense?

• If you receive a conviction:
  • Minimum term of imprisonment of 30 consecutive days or 300 hours of community service
• First violation:
  • Class 4 felony
  • Required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate
  • The Secretary of State will not issue a driver’s license for an additional period of three years
• Second violation:
  • Class 2 felony
  • Not eligible for probation or conditional discharge
  • Mandatory term of imprisonment of 30 consecutive days
• Third violation:
  • Class 1 felony
  • Not eligible for probation or conditional discharge
  • Mandatory term of imprisonment of 30 consecutive days
  • The person’s driving privileges shall be revoked for the remainder of the person’s life
• Fourth or subsequent violation:
  • Class 1 felony
  • Not eligible for probation or conditional discharge
  • Must serve a mandatory term of imprisonment and is eligible for an extended term