Driving on a Suspended or Revoked License in Illinois

Driving on a suspended or revoked license in Illinois constitutes a criminal offense under 625 ILCS 5/6-303, with penalties that extend well beyond standard traffic violations. Depending on the circumstances of the suspension or revocation, the consequences can include jail time, felony convictions, community service, and delays in driver’s license reinstatement.

Wirth Law represents individuals charged under this statute, focusing on license reinstatement and compliance with the Illinois Secretary of State’s requirements. The firm maintains offices in both Chicago and Naperville and offers legal services throughout Cook, DuPage, Will, Kendall, Dekalb, Kankakee, and surrounding counties.

Overview of Driving on a Suspended or Revoked License

Section 6-303 of the Illinois Vehicle Code prohibits any individual from operating or being in actual physical control of a motor vehicle on public roads when that person’s driving privileges have been suspended or revoked. The statute applies equally to suspensions, revocations, and cases where a person was never issued a valid license and is otherwise disqualified from operating a vehicle.

The severity of charges under this section depends on several factors:

• The cause of the original suspension or revocation
• The individual’s prior driving history
• Whether any aggravating circumstances exist, such as a DUI or fatal crash

Even in cases where there is no accident or injury, driving while suspended or revoked is not a civil infraction. It is a criminal offense, and convictions can carry serious consequences. Our office strongly encourages a person facing this charge to contact an Illinois driver’s license attorney for consultation.

Penalties Based on the Reason for Suspension or Revocation

License Suspension or Revocation Due to DUI or Serious Traffic Offense

Where the original suspension or revocation is the result of a DUI, statutory summary suspension, or a leaving the scene of a traffic accident involving serious injury or death, penalties under Illinois law are enhanced for each repeat offense. It should be noted that the penalty chart below applies to dispositions involving a conviction. If a person receives court supervision (if eligible), the mandatory minimum penalty does not apply.

Conviction	Charge	Minimum Penalty
First Offense	Misdemeanor	10 days in jail or 30 hours community service
Second Offense	Class 4 Felony	30 days in jail or 300 hours community service
Third Offense	Class 4 Felony	Minimum 30 days imprisonment
Fourth to Ninth Offense	Class 4 Felony	Minimum 180 days imprisonment
Tenth to Fourteenth Offense	Class 3 Felony	2 to 7 years imprisonment (non probationable)
Fifteenth or More Offense	Class 2 Felony	3 to 14 years imprisonment (non probationable)

Illinois courts view repeat offenses very seriously, particularly when the original cause involved driving under the influence (DUI). It is strongly advised that a person consult with a driver’s license attorney before proceeding in court.

Driving After Revocation for Reckless Homicide or Aggravated DUI Involving Death

In situations where a license has been revoked due to a fatal crash caused by reckless homicide or aggravated DUI, state law mandates substantial prison sentences for a conviction for driving on a revoked license.

Conviction	Charge	Minimum Penalty
First Offense	Class 4 Felony	30 days jail or 300 hours community service (plus alcohol/drug evaluation and complete any recommended treatment). The court may give credit toward completion of community service for participation in approved treatment program under 6-303(b-5)
Second Offense	Class 2 Felony	3 to 7 years imprisonment (mandatory). If convicted, offender is not eligible for conditional discharge or probation.
Third Offense	Class 1 Felony	4 to 15 years imprisonment (mandatory) and lifetime revocation of driving privileges under 6-303(d-2.5) If convicted, offender is not eligible for conditional discharge or probation.
Fourth or More Offense	Class 1 Felony (Extended Term)	4 to 30 years imprisonment. If convicted, offender is not eligible for conditional discharge or probation.

Violations Involving BAIID or Driving Relief Permits

Many drivers suspended for DUI offenses are eligible to apply for a Monitored Device Driving Permit (MDDP) or Restricted Driving Permit (RDP) that requires use of a Breath Alcohol Ignition Interlock Device (BAIID). Operating a vehicle without an MDDP (when eligible) or without a BAIID device (when required) can result in serious legal consequences.

Violation	Charge	Minimum Penalty
Driving Suspended While Eligible for MDDP	Class 4 Felony	Minimum 30 days in jail
Driving Without BAIID When Required	Class 4 Felony	Minimum 30 days in jail

Suspensions or Revocations: No Aggravating Factors

In cases where the license was suspended or revoked for administrative or lesser violations—such as failure to pay insurance, unpaid fines, or missed court appearances, the resulting charges remain criminal but may not rise to the level of felony prosecution, particularly for first offenses.

Conviction	Charge	Minimum Penalty
First Offense	Class A Misdemeanor	Supervision, conditional discharge, or probation possible
Second Offense	Class A Misdemeanor	Minimum 100 hours community service
Third Offense	Class A Misdemeanor	30 days in jail or 300 hours community service
Fourth or More Offense	Class A Misdemeanor	Possible vehicle immobilization or plate seizure

Extensions to Suspension or Revocation Periods

Convictions under 625 ILCS 5/6-303 typically lead to additional penalties imposed by the Illinois Secretary of State. These administrative consequences can affect a person’s eligibility to obtain full reinstatement. In some instances, a person may be eligible for a permit if they are not yet eligible to request full restoration of driving privileges.

Violation	Administrative Action by Secretary of State
Driving Without BAIID When Required	Additional one year ineligibility
Conviction for Driving During Suspension	Suspension reinstated or extended by original period
Conviction for Driving During Revocation	Ineligible for license reinstatement for one additional year. Potentially eligible for permit.
First Conviction Involving Reckless Homicide	Additional three years of license ineligibility

The reinstatement process may include formal hearings, substance abuse evaluations, and demonstration of hardship or changed circumstances. Legal representation during this process is strongly advised to understand eligibility and obtain the best possible outcome.

Wirth Law: Driver’s License Reinstatement

Wirth Law provides comprehensive legal representation to individuals with suspended or revoked driving privileges, focusing on helping clients regain lawful driving status. With more than twenty years of experience in Illinois driver’s license reinstatement, the firm offers a full range of services, including:

• Representation in Secretary of State driver’s license reinstatement hearings
• Legal guidance regarding eligibility and the process of obtaining a Restricted Driving Permit (RDP)
• Advocacy in contested violations involving the Breath Alcohol Ignition Interlock Device (BAIID)
• Assistance for out-of-state residents seeking removal of Illinois driving privilege holds

Wirth Law offers free consultations, flat-rate legal fees, and payment plans through Affirm for qualifying individuals. Legal services are available through both in-person and virtual appointments, with offices conveniently located in Chicago and Naperville, Illinois. If facing a charge for suspended or revoked driving in Illinois, please do not hesitate to contact our office to find out how we may be able to assist.

Further Reading: Illinois Driver’s License Reinstatement

• Practice Area: Driver’s License Reinstatement
• Step-by-Step: The Illinois License Reinstatement Process
• Understanding DUI Revocations in Illinois
• The PDPS: Out-of-State Residents Facing a Driver’s License Hold for an Illinois DUI
• Types of Driving Relief after an Illinois Driver’s License Revocation
• Common Reasons for Denial at Illinois Driver’s License Reinstatement Hearings
• Driving on a Suspended or Revoked License in Illinois
• Understanding DUI Evaluations and Recommended Interventions
• Reckless Homicide and Driver’s License Reinstatement in Illinois
• Illinois Hardship Permits: A Brief Overview
• Law Library: DUI & License Reinstatement Law