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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