LICENSE REVOCATION: DUI + CRIMINAL DEFENSE  

Many people know that an Illinois DUI conviction will cause the revocation of an Illinois driver's license. However, an out-of-state DUI disposition can revoke an Illinois-licensed driver as well. As a law office that focuses on license reinstatement after a DUI revocation, we start every case with a preventative approach. 

 

If you are currently facing a DUI charge, we're here to help with a free consultation. We can explain what amended charges may prevent a revocation if you are contemplating pleading guilty. If the DUI cannot be reduced, we are happy to provide a consultation on the best steps to take prior to a license revocation to be ready for a driver's license hearing as soon as you become eligible.

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As license reinstatement attorneys, it is vital that we understand what dispositions and criminal offenses can cause a driver's license revocation. Further, it is also important to be knowledgeable on criminal and DUI law. A significant portion of a Secretary of State hearing involves recounting the detailed facts of each DUI arrest in relation to your overall chronological alcohol/drug use history. We order the arrest reports for all DUIs and review them early to ensure all reporting is accurate.

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Finally, DUI is not the only criminal offense that can cause a driver's license revocation in Illinois. The Illinois Vehicle Code has many criminal grounds for mandatory license revocation (the Secretary must revoke a license) and discretionary license revocation (the Secretary may enter a driver's licence revocation. For further reading on offenses that can cause a driver's license revocation, please refer to our article on Mandatory and Discretionary License Revocations. For reference, we have listed the offenses that can cause driver's license revocations below.

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MANDATORY DRIVER'S LICENSE REVOCATIONS

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The offenses that trigger a mandatory revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/205:

 

· Reckless homicide that results from the operation of a motor vehicle

 

· Driving under the influence or alcohol, drug(s) or other intoxicating substances

 

· Any felony in which a motor vehicle was used during the commission of the offense

 

· Leaving the scene of a traffic accident that involves death or personal injury. For purposes of mandatory revocation under this provision, “Personal Injury” is defined as any injury requiring immediate professional treatment in a medical facility or doctor's office. 625 ILCS 5/11-401.

 

· Perjury or making a false affidavit to the Secretary of State relating to the ownership or operation of a motor vehicle

 

· Conviction of three charges of Reckless Driving in a twelve-month period

 

· Conviction of any offense defined in 625 ILCS 5/4-102 relating to damaging, removing parts or tampering with a vehicle, without authority to do so

 

· Drag Racing and/or Street Racing

 

· Violation of Chapters 8 and 9 of the Illinois Vehicle Code that involve carrying financial responsibility insurance for persons and/or businesses that have passenger transport vehicles, as well as vehicles for hire or rent

 

· Reckless Conduct that involves the use of a motor vehicle and causes bodily harm, endangers the safety of another person and/or causes permanent disfigurement to another person. 720 ILCS 5/12-5

 

· Aggravated Fleeing or Attempting to Elude a Peace Officer. 625 ILCS 5/11-204.1

 

· Unlawfully operating a Commercial Motor Vehicle under 625 ILCS 5/6-507(1)(b)

 

· Illegal transportation of alcohol, in cases where person is under the age of 21 and was previously convicted of illegally transporting alcohol. 625 ILCS 11-502

 

· If revoked for reckless homicide, a second or subsequent conviction for driving on a revoked license or permit

 

· The commission of any traffic offense that is the proximate cause of the death of another person

 

· Unlawful display of disability license plates and/or parking decal of deceased person under 625 ILCS 5/11-1301.3(a-2)

 

· A second or subsequent conviction of illegal possession of a controlled substance while operating, or in actual physical control of, a motor vehicle. The Judge shall make an entry in the court record that offense occurred while operating a motor vehicle and the clerk must report the violation to the Secretary of State

 

· While unlawfully passing a school bus, a driver is involved in an accident that results in death to another and the violation is the proximate cause of death

 

 

DISCRETIONARY DRIVER'S LICENSE REVOCATIONS

 

If a person has not committed a violation that would trigger the mandatory revocation of an Illinois drivers license or permit, the Secretary of State may still exercise their discretion to revoke or suspend a person’s driving privileges under 625 ILCS 5/206.

 

The offenses that trigger a discretionary revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/206:

 

· Conviction of three or more traffic offenses in a twelve-month period

 

· A person has been deemed a habitual traffic offender through repeatedly committing traffic violations and/or being involved in accidents to the degree that it indicates a lack of care in operating a vehicle or signals a disrespect for Illinois traffic laws

 

· A person has caused or contributed to a personal injury traffic accident while unlawfully operating a motor vehicle. For purposes of this provision, the injury must require immediate professional treatment in a medical facility or doctor’s office to any person involved in the accident

 

· A person has permitted the unlawful or fraudulent use of a drivers license, identification card or permit

 

· A person has been convicted of an offense in another state when, if it had been committed in Illinois, would be grounds for drivers license suspension or revocation

 

· A person who is required to take a driving examination fails the examination or refuses to submit to testing. 625 ILCS 5/6-207

 

· A person is deemed ineligible for a drivers license or permit under 625 ILCS 5/6-103. A person may be ineligible for a license for various reasons under this provision, such as age restrictions, as well as evidence of a drug/alcohol problem, medical issue or psychological condition that renders them unfit to safely operate a motor vehicle

 

· While applying for a drivers license, identification card or permit, a person uses false information, makes a false statement or knowingly conceals a material fact. This provision is often used to suspend or revoke a drivers license if a person under the age of 21 obtains or attempts to obtain a Fake ID using false information, but may be used in other scenarios.

 

· A person possesses, displays or attempts to fraudulently use any license, identification card or permit. As noted above, this provision is often invoked when a person under the age of 21 is in possession of a Fake ID, or presents a Fake ID to purchase alcohol or gain entry into a bar. However, this may be invoked in other scenarios, such as using false identification card to misrepresent citizenship status.

 

· A person has driven on a suspended or revoked license on a public highway. This provision does not apply to persons who are lawfully driving on MDDPs or Restricted Driving Permits.

 

· A person has unlawfully submitted to the application process on behalf of another person, or asked another to submit an application on their behalf, in an attempt to obtain a drivers license, identification card or permit.

 

· A person has operated a vehicle when their license or permit was invalid under the driving restrictions that apply to persons under the age of 18. 625 ILCS 5/6-110 and 625 ILCS 6-107.1.

 

· A person uses, displays or possesses a cancelled, revoked or suspended permit or license. This provision also prohibits a person from lending their license or permit to another person. 625 ILCS 5/6-301

 

· A person has been convicted of Criminal Trespass to Vehicle. 720 ILCS 5/21-2

 

· A person has been convicted of Fleeing and Eluding a Peace Officer, under 625 ILCS 5/11-204

 

· A person has refused to submit to chemical testing under the implied consent provisions in the Summary Suspension Law, pursuant to 625 ILCS 5/11-501.1

 

· A person has, since the issuance of their drivers license or permit, been adjudged to be afflicted with or suffering from any mental disability

 

· A person drives with an invalid license or invalid permit, or has been convicted of driving in violation of the classification of their drivers license. 625 ILCS 5/6-101 and 625 ILCS 5/6-104

 

· A person has been convicted of leaving the scene of an accident in which there is an excess of $1,000 in damages. 625 ILCS 5/11-402

 

· A person has a violation for Unlawful Use of a Weapon while using a motor vehicle

 

· A person has received a second conviction for Illegal Transportation of Alcohol within a year of a similar violation. 625 ILCS 5/11-502

 

· A person has been convicted by court-martial or punished by military authorities for any offense that is similar to any of the offenses listed in the Mandatory and Discretionary Revocation laws outlined in 625 ILCS 5/6-205 and 625 ILCS 5/6-206

 

· A person has violated any provision of Section 6-16 of the Liquor Control Act of 1934, including, but not limited to, sale/delivery of alcohol to a minor, possession of alcohol by a minor and/or consumption of alcohol by a minor. 235 ILCS 5/6-16

 

· A person has been convicted for the first time of illegal possession of a controlled substance while operating or in actual physical control of a motor vehicle

 

· A person has been convicted of a specified criminal sexual offense while operating or in actual physical control of a motor vehicle, such as criminal sexual assault, criminal sexual abuse or juvenile prostitution-related offenses.

 

· A person has been convicted of aggravated discharge of a firearm while the person was located in a motor vehicle at the time the firearm was discharged. 720 ICLS 5/24-1

 

· A person is under the age of 21 and has been convicted of more than two traffic offenses in a 24-month period.

 

· When approaching a stationary vehicle with its’ lights activated, a person fails to exercise due caution and their conduct results in property damage, injury or death to another person. 625 ILCS 5/11-907(c)

 

· A person fails to exercise due caution in changing lanes and reducing speed when entering a construction or maintenance zone while workers are present. 625 ILCS 5/11-908(a-1)

 

· A person submits a falsified or altered Medical Report to the Illinois Secretary of State, or provides false information to obtain a Medical Report

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CONCLUSION

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If a person has their Illinois drivers license suspended or revoked, they may be eligible for a hardship permit or probationary permit, even if they are not eligible for full reinstatement. Depending on the reason for the suspension or revocation, an eligible revoked driver may attend a hearing with the Illinois Secretary of State to request a permit and/or drivers license reinstatement. In other cases, it may be more advantageous to try to clear up the reason(s) for suspension or revocation in court. For a free consultation, please contact our office at (312) 761-8290 or email our office at jennifer@wirthlaw.org.