Fake Identification Suspensions and Revocations in Illinois

Wirth Law assists individuals seeking to reinstate their driving privileges after a suspension or revocation related to the use of fake identification. The possession or use of false or fraudulent identification can impact driving privileges, whether for employment, access to age restricted venues, or other purposes. The Secretary of State has discretion to suspend or revoke driving privileges when a fake identification violation is discovered. The sections below explain how these violations are addressed and answer common questions.

Basic Overview of Fake Identification Violation

Illinois law permits the Secretary of State to revoke or suspend driving privileges when a person is found to have possessed false identification or used someone else’s identity. This includes, but is not limited to, the following scenarios:

• Presenting someone else’s driver’s license or ID to gain entry to a bar or nightclub while underage
• Using a fake ID to purchase alcohol or tobacco products
• Assuming another person’s identity for the purpose of employment, including when a non-citizen uses someone else’s documentation to work
• Presenting altered or counterfeit identification during a traffic stop or to a law enforcement officer
• Using a fictitious identity to obtain an Illinois driver’s license or identification card

The use of fake identification may constitute fraud, deception, or misrepresentation in relation to driving privileges. When such conduct is reported or discovered, the Secretary of State has statutory authority to suspend or revoke a person’s license or permit.

Legal Authority for Suspension and Revocation: 625 ILCS 5/6-206

The primary statutory basis for suspending or revoking driving privileges in fake identification cases is Section 6-206 of the Illinois Vehicle Code (625 ILCS 5/6-206). This provision authorizes the Secretary of State to take action when an individual has engaged in any of the following conduct:

• Permitted the unlawful or fraudulent use of a driver’s license, identification card, or permit
• Made a false statement, knowingly concealed a material fact, or used false information or identification in an application for a driver’s license, identification card, or permit
• Possessed, displayed, or attempted to use any license, identification card, or permit not issued to that person in a fraudulent manner

Under Section 6-206, the Secretary of State may suspend or revoke a driver’s license based on reliable evidence of fraudulent conduct, even if there is no criminal charge or conviction. The decision to impose a suspension or a revocation rests with the Secretary and is determined by the specific facts and seriousness of the violation.

How Does the Secretary of State Identify Fake ID Violations?

The Secretary of State receives information about the use of fake identification through a variety of channels. Common sources include the following:

• Seizure by Law Enforcement: If police seize a fake ID during a stop or arrest, a report is often submitted to the Secretary of State.
• Criminal Case Filings: When an individual is arrested or charged with possession or use of a fraudulent ID, the charge may be reported to the Secretary of State. The report can be made by the police, even if the charge is later dismissed.
• Facial Recognition Software: Illinois utilizes biometric and facial recognition technologies to prevent identity fraud in the issuance of driver’s licenses and identification cards. If facial scans identify duplicative or suspicious applications, further investigation may follow.
• Employer Verification Programs: When fraudulent documents are used for employment, referrals can be made by federal or state agencies conducting verification under E-Verify or similar programs.
• Admission of Guilt in Court or Administrative Hearing: Voluntary statements made during proceedings can also form the basis of administrative action.

A formal criminal conviction is not necessary for the Secretary of State to impose a suspension or revocation related to fake identification. The administrative process requires only that there be competent evidence of a violation, pursuant to 625 ILCS 5/6-206(a)(10) and 92 Ill. Adm. Code 1001.420.

Hardship Permits After Fake ID Violation

During a suspension or revocation resulting from the use of a fake ID, a hardship permit may be available. Hardship permits may be granted during a suspension period or before a person becomes eligible for reinstatement. The availability of such relief depends on whether a hardship can be demonstrated to the Secretary.

Undue hardship is typically based on the inability to get to and from work, school, daycare, or necessary medical appointments without driving privileges. The applicant must provide satisfactory documentation of the hardship, including employment letters, medical records, or school schedules.

In addition to hardship, the applicant must demonstrate rehabilitation and a willingness to comply with licensing requirements. To apply, an individual will need to attend a successful hearing with the Secretary of State. During the hearing, the individual must present evidence and testimony supporting their request for driving privileges.

Reinstatement After Suspension or Revocation

The reinstatement process after a suspension differs from a revocation for fake identification. A suspension is generally for a specific period, such as one year. When the period ends, an individual can obtain their driver’s license again so long as they have met all conditions of the Secretary, including payment of the applicable reinstatement fee(s).

In contrast, a revocation lasts indefinitely until an individual attends a successful hearing with the Illinois Secretary of State. The individual must formally apply for reinstatement, and if granted, pay the appropriate fees for reinstatement. Following a revocation, a person must also carry SR-22 insurance for three (3) years. It is strongly recommended that a revoked driver enlist the services of an experienced driver’s license reinstatement attorney for the hearing process.

Wirth Law: Free Consultations

Fake identification violations can carry serious consequences for driving privileges in Illinois. Even in the absence of a criminal conviction, the Secretary of State has broad authority under 625 ILCS 5/6-206 and 92 Ill. Adm. Code 1001.420 to suspend or revoke a license. In such cases, a driver’s license attorney may be able to help an individual obtain a hardship permit during a suspension, or work toward reinstatement after a license revocation.

Wirth Law has focused exclusively on Illinois driver’s license reinstatement and DUI defense for over twenty years. We have extensive experience reinstating licenses after various suspensions and revocations. Our practice offers flat rates, competitive pricing, and free consultations. With offices in Chicago and Naperville, we regularly help individuals regain driving privileges in Cook, Will, Kane, Kendall, Lake, Kankakee, Dekalb, and Winnebago Counties. We also represent out-of-state drivers who have an Illinois hold on their driving privileges.

Our practice is known for its exceptional client service and strong record of success with license reinstatement cases. Jennifer Wirth, managing attorney, has received multiple awards recognizing her commitment to client advocacy, including perfect “10” ratings on Avvo and Justia, the Martindale-Hubbell Client Champion Award, and selection as one of the top DUI defense attorneys in Chicago by Expertise.com. Her approach to legal representation is grounded in professionalism, compassion, and an in-depth understanding of Illinois Secretary of State hearing procedures.

Wirth Law offers free consultations, affordable flat fees, and payment plan options through Affirm. To schedule a consultation, contact Wirth Law at (312) 761-8290 or email jennifer@wirthlaw.org.

Further Reading: Illinois Traffic Law

• Area of Practice: Illinois Traffic Law
• Mandatory and Discretionary Revocations
• Fake Identification Suspensions
• Financial Responsibility Suspensions
• Failure to Appear
• Licensing for Non-Citizens and Undocumented Persons
• Illinois Driving Records and Abstract Codes
• Penalties for Driving on Suspended or Revoked License
• Forms of Driving Relief after an Illinois Revocation