Mandatory and Discretionary Driver’s License Revocations

Wirth Law represents individuals facing the suspension or revocation of their Illinois driver’s license. Under the Illinois Vehicle Code, the Secretary of State may revoke or suspend driving privileges depending on the nature of the offense and the applicable statute. Understanding the difference between mandatory revocation and discretionary revocation or suspension is essential for anyone seeking to regain driving privileges after a violation or criminal conviction.

Difference Between Mandatory and Discretionary License Actions

Illinois law distinguishes between mandatory revocation and discretionary revocation or suspension of a driver’s license:

• Mandatory Revocation: Under 625 ILCS 5/6-205, the Secretary of State is required to revoke a person’s driver’s license when specific qualifying offenses occur. These revocations are not optional. Once a conviction or violation listed under Section 6-205 is reported, the Secretary of State must revoke the license.

• Discretionary Revocation or Suspension: Under 625 ILCS 5/6-206, the Secretary of State is granted discretionary power to either revoke or suspend a license based on a broader range of conduct. These actions are not automatic. Instead, they may be imposed when the individual’s behavior, driving record, or other circumstances suggest a risk to public safety or unfitness to operate a vehicle. The Secretary may evaluate each case individually and determine the appropriate penalty—revocation, suspension, or no action.

The key distinction lies in the seriousness of the offenses, as well as the obligatory nature of the revocation under Section 6-205 versus the discretionary authority to revoke or suspend under Section 6-206.

Mandatory Revocation of Driver’s License

The following offenses result in mandatory revocation of an Illinois driver’s license. The Secretary of State must revoke driving privileges upon receipt of notice of these offenses. Suspension is not an option under this section.

• DUI resulting in death or personal injury – 625 ILCS 5/6-205(a)(1)
• Conviction for DUI – 625 ILCS 5/6-205(a)(2)
• Leaving the scene of an accident involving death or personal injury – 625 ILCS 5/6-205(a)(3)
• Using a motor vehicle in the commission of a felony – 625 ILCS 5/6-205(a)(4)
• Perjury or providing false information in connection with a driver’s license application – 625 ILCS 5/6-205(a)(5)
• Reckless homicide or aggravated DUI resulting in death – 625 ILCS 5/6-205(a)(6)
• Multiple offenses against the Illinois Vehicle Code indicating lack of driving ability – 625 ILCS 5/6-205(a)(7)
• Unauthorized use of a driver’s license or permit – 625 ILCS 5/6-205(a)(8)
• Violation of the Cannabis Control Act, Controlled Substances Act, or Methamphetamine Control Act while operating a vehicle – 625 ILCS 5/6-205(a)(9)
• Gang-related activity involving a motor vehicle – 625 ILCS 5/6-205(a)(10)
• Conviction of a sex offense involving a motor vehicle – 625 ILCS 5/6-205(a)(11)
• Failure to stop and render aid in a crash causing death or injury – 625 ILCS 5/6-205(a)(12)
• Conviction of certain offenses under the Human Trafficking Statute – 625 ILCS 5/6-205(a)(13)
• Second or subsequent offense of illegal transportation of open alcohol by a driver under 21 – 625 ILCS 5/6-205(a)(14)
• Conviction of fleeing or attempting to elude a police officer in a manner that endangers safety – 625 ILCS 5/6-205(a)(15)
• Drag racing or street racing – 625 ILCS 5/6-205(a)(16)
• Conviction for aggravated fleeing or eluding a peace officer – 625 ILCS 5/6-205(a)(17)
• Fraudulent use of a driver’s license – 625 ILCS 5/6-205(a)(18)
• Conviction of offenses involving vehicles and firearms on school property – 625 ILCS 5/6-205(a)(19)
• School bus drivers convicted of certain offenses – 625 ILCS 5/6-205(a)(20)
• Third or subsequent conviction of driving with a suspended or revoked license – 625 ILCS 5/6-205(a)(21)
• Conviction for aggravated unlawful use of a weapon while in a vehicle – 625 ILCS 5/6-205(a)(22)
• Violation of streetgang criminal activity laws while operating a vehicle – 625 ILCS 5/6-205(a)(23)

Discretionary Revocation or Suspension

Under Section 6-206, the Secretary of State may revoke or suspend a driver’s license when specific factors suggest a threat to public safety. These actions are not mandatory. The Secretary reviews the driver’s conduct or history and has discretion to determine the appropriate consequence.

The following are grounds for discretionary revocation or suspension:

• Repeated convictions for moving violations suggesting incompetence to drive – 625 ILCS 5/6-206(a)(1)
• Commission of any offense in which a motor vehicle is used, not listed under 6-205 – 625 ILCS 5/6-206(a)(2)
• Unlawful or fraudulent use of a license or permit – 625 ILCS 5/6-206(a)(3)
• Physical or mental condition that makes the person unsafe to drive – 625 ILCS 5/6-206(a)(4)
• False statements on a driver’s license application – 625 ILCS 5/6-206(a)(5)
• Habitual or excessive use of alcohol, cannabis, or drugs – 625 ILCS 5/6-206(a)(6)
• Crash involving injury or death caused by unlawful operation of a vehicle – 625 ILCS 5/6-206(a)(7)
• Repetitive non-compliance with traffic laws – 625 ILCS 5/6-206(a)(8)
• Failure to appear in court  – 625 ILCS 5/6-206(a)(9)
• Non-payment of child support where driving privileges are restricted – 625 ILCS 5/6-206(a)(10)
• Unpaid traffic crash judgment – 625 ILCS 5/6-206(a)(11)
• Refusal to submit to testing under the Illinois Implied Consent Law – 625 ILCS 5/6-206(a)(12)
• Use of a vehicle in the commission of an offense not covered under Section 6-205 – 625 ILCS 5/6-206(a)(13)

Some discretionary reasons allow the driver to end the suspension by removing the reason for a licensing hold, such as failure to appear in court. Other suspensions will require the driver to attend a hearing if they want to apply for a permit prior to the expiration of the suspension. In cases where a revocation has been entered, a revoked driver must attend a hearing with the Secretary of State to obtain driving privileges again.

Driving Permits and License Reinstatement

After a driver’s license is suspended or revoked, an individual may be eligible to apply for a permit or full reinstatement. The Secretary of State offers various forms of driving relief, including the following:

1. Probationary Permits
   A probationary permit allows a revoked driver to drive for any lawful purpose, such as errands, family visits, or work. Unlike other restricted permits, probationary permits are not tied to a specific reason for driving.
   • These permits are typically granted for up to 12 hours a day, six days a week, within a 200-mile radius of the driver’s residence.
   • Additional hours, days, or mileage may be granted if the individual’s employment requires it. This request should be supported with an employment letter at the hearing.
   • The probationary permit can be extended for work-related purposes, accommodating drivers with rotating shifts, on-call jobs, or those who require flexibility for work emergencies.
2. Hardship Permits
   A hardship permit may be issued to individuals who are ineligible for a probationary permit or full reinstatement. This permit is usually limited to specific purposes such as driving to work or attending necessary medical appointments.
   • To qualify, a petitioner must prove that no reasonable alternative transportation options exist, and that public safety will not be endangered if they are given driving privileges.
   • A petitioner must demonstrate that not having the permit would cause undue hardship. A driver’s license reinstatement attorney can review the client’s situation and help build a strong case to secure the permit. Simply being inconvenienced by the revocation is not enough to qualify for this type of permit. A petitioner must establish a real hardship that would occur due to the inability to drive.
   • The hardship permit is a restricted driving privilege granted by the Illinois Secretary of State to individuals whose driver’s licenses have been revoked but who need to drive for specific, essential purposes. Under law, a hardship permit can be granted if the individual can demonstrate that no reasonable alternative transportation options are available, and that issuing the permit will not pose a threat to public safety.
3. Full Reinstatement
   Full reinstatement of a driver’s license in Illinois refers to the complete restoration of driving privileges after a revocation. Unlike a permit, which provides limited driving privileges under specific conditions, full reinstatement allows an individual to regain their driver’s license and resume driving without restriction. To apply for full reinstatement, a person must be eligible and complete a successful hearing with the Illinois Secretary of State.
4. Full Clearance of Licensing Hold for Out-of-State Residents
   Out-of-state drivers with an Illinois license revocation often seek full clearance of their Illinois hold on their driving privileges. “Full clearance” is not a separate category of relief but is considered a form of full reinstatement. Out-of-state residents can request for Illinois to remove the hold, which allows them to apply for driving privileges in their home state.

Free Consultations

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