Driving on a Suspended or Revoked License and Mandatory Jail Time

Illinois drivers who are currently driving a car while their driver’s license is suspended or revoked need to be mindful that in many circumstances they could be facing a mandatory jail sentence if they are arrested and convicted. Illinois law mandates that drivers who are convicted of a third violation of 625 ILCS 5/6-303 are facing 30 days in jail or 300 hours of community service unless the suspension or revocation is based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension.

If an Illinois driver’s license is suspended or revoked based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension, then the penalties become much more severe. In these cases, if you are caught driving the penalty increases based on the number of prior violations that you have committed.  A first violation is a Class A Misdemeanor and carries a minimum sentence of 10 consecutive days in jail or 30 days of community service. A second violation is a Class 4 Felony and carries a minimum term of imprisonment of 30 days or 300 hours of community service.  A third violation is a Class 4 Felony and carries a minimum of 30 days in jail.  A fourth, fifth, sixth, seventh, eighth, or ninth violation is also a Class 4 Felony and it carries a minimum term of imprisonment of 180 days. A driver who is charged with a Class 4 Felony for driving while the license is suspended or revoked can receive probation, but only after the mandatory jail time has been served.

If you are caught driving while your license is suspended or revoked then it is important to remember that any decision you make could result in your incarceration. It is important to retain an experienced attorney immediately who can navigate the complexities of your case, your driving history, and the Illinois court system. Contact Gruszeczki & Smith Law at 312-253-7343 for a free consultation today.

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