If you have been arrested or received a ticket for driving on a suspended or revoked driver’s license in Illinois, you are facing, at a minimum, misdemeanor criminal charges. See 625 ILCS 5/6-303 . While any charge for driving on a suspended or revoked license is serious, it is important to determine why the motorist’s driver’s license has been suspended or revoked to determine how serious. If the license was suspended or revoked for DUI (driving under the influence of alcohol, cannabis, or drugs), the penalties are much more severe.
If an Illinois driver’s license suspension or revocation not based on DUI or accidents involving personal injury or fatalities, the offense is a Class A misdemeanor punishable from supervision up to a conviction with a possible penalty of up to 364 days in jail. For these types of suspension, jail time is real possibility for repeat offenders.
If an Illinois driver’s license is suspended or revoked based on a DUI (driving under the influence of alcohol, cannabis, or drugs), 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.
The Illinois Secretary of State receives reports of convictions for these offenses from each county. Upon conviction, the Secretary of State will either extend the suspension by the same length as the original, or if the suspension was expired, resuspend for the same amount of time as the original suspension. If the license was revoked, the Secretary of State will not consider a reinstatement of the license until at least one year from the date of conviction.
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, increased suspension of driving privileges, and/or seizure of the vehicle driven. 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.