Many people do not realize that being arrested for driving under the influence carries an immediate administrative penalty. Even if a person is not convicted of drunk driving, he or she may still be subject to a statutory summary suspension. The suspension period is six months if the person failed a chemical blood alcohol content (BAC) test and 12 months if the person refused to take a BAC test.

Conviction for driving under the influence results in a driver's license revocation of one year for a first-time offense. If your license was suspended or revoked, you may not drive any vehicle. Doing so is a criminal offense that carries serious penalties. Fortunately, you may be eligible for a driving permit that provides full or partial driving relief.

Monitoring Device Driving Permit

Driving on a suspended license is a Class A misdemeanor punishable by jail time, community service, and steep fines. If you were arrested for alleged drunk driving and your license was suspended, do not risk further criminal charges by driving without a valid license.

If your license has been suspended or revoked, you should not be driving - period. Getting caught driving under suspension or revocation in Illinois is not just a traffic ticket or a fine. It is charged as at least a Class A misdemeanor, and you could go to jail for it. If your driving privileges were related to a DUI offense, or if you committed another offense while driving under suspension, the consequences are likely to be even more severe. 

If you are being charged with driving on a suspended license, it is important that you take the matter seriously and seek out an aggressive legal advocate. More than your driving privileges are at stake in this matter. 

What are the Consequences of Driving on a Suspended or Revoked License in McHenry County?

Under normal circumstances, this offense is charged as a Class A misdemeanor, punishable by up to a year in jail and a fine of $2.500. Clearly, this is much more serious than a typical traffic violation. 

If you are subject to a driver’s license revocation because you were convicted of driving under the influence (DUI) of alcohol or drugs, you must take specific actions to regain your driving privileges. Driving with a revoked or suspended license in Illinois is a Class A misdemeanor offense punishable by a mandatory minimum jail sentence and up to $2,500 in fines. A second offense for driving on a suspended or revoked license may constitute a felony. To avoid these criminal charges and regain your ability to legally drive, you will need to attend a formal or informal Secretary of State reinstatement hearing.

Complete the Education Program and Other Requirements

Many people mistakenly assume that a driver’s license suspension is the same as a revocation. If your license is revoked, it is revoked indefinitely. You will have to take certain actions to prove that you deserve to have your license reinstated. The exact steps that you must take depend on the reason that your license was revoked, the results of your drug and alcohol evaluation, and other factors. You must complete a drug and alcohol remedial education program and, if the results of your evaluation indicate possible drug or alcohol dependency, you may need to undergo treatment. You will need to provide documentation that proves that you completed the necessary steps.

Prepare to Answer Difficult Questions

If you were convicted of a first-time DUI, your reinstatement hearing is likely to be an informal meeting at a Secretary of State Driver Services facility. If you have been convicted of multiple DUIs or DUI resulting in serious injury or death, you will likely need to attend a formal hearing with a lawyer representing the Illinois Secretary of State. Whether your hearing is formal or informal, you must be prepared to answer some difficult questions about:

Many people believe that driving on a suspended or revoked license is a petty offense or traffic violation, punishable with perhaps a fine, or something equally minor. In reality, Illinois law characterizes it as a standard criminal offense, meaning that if you are charged with this crime, you may face both fines and jail time. If you drive with a suspended license after you have been convicted of driving under the influence (DUI), the consequences can be even more severe because you have already shown that you have a disregard for others’ safety. Enlisting an experienced attorney for your case is crucial. 

Reasons for an Illinois Driver’s License Suspension

There are many reasons that an Illinois driver’s license could be suspended, including failing to appear in traffic court, failing to pay child support, and being convicted of three moving violations in a 12-month period. Depending on the severity of the traffic violations, your license could even be revoked after multiple offenses in a short time.

License suspension and revocation are also common consequences related to a DUI arrest or conviction. For example, if you fail a breathalyzer test at the time of your arrest, you will face an immediate suspension of your license for at least six months. Refusing the test completely can mean a suspension for at least a year. If you are convicted of driving under the influence, your license can then be revoked for at least a year for the first offense, and longer for subsequent offenses. You will also likely be required to install an ignition interlock device on your vehicle for a period of time.

Losing your driving privileges is a cumbersome penalty that you can face for various infractions in Illinois. People often refer to a driver’s license suspension and a driver’s license revocation as if they are the same thing. Both have the same result of making it illegal for you to drive unless you receive a Restricted Driving Permit. However, a driver’s license revocation is more severe and will make it more difficult for you to regain your driving privileges. You will need the help of an experienced license reinstatement lawyer in order to get your license back.

What Is the Difference Between Suspension and Revocation?

When your driver’s license is suspended, you still possess it but it is temporarily inactive. You could have a definite suspension, in which your license is suspended for a set amount of time, or an indefinite suspension, in which reinstatement of your license is dependent upon meeting conditions such as paying fines. Once the conditions for ending the suspension have been met, you will automatically be eligible for reinstatement of your license.

When your driver’s license is revoked, it has been terminated so that it no longer exists. To regain your driving privileges, you will need to apply for a new driver’s license after a set waiting period. The Illinois Secretary of State’s office must grant permission for you to reinstate your license, which it will determine at a hearing. In order to receive permission, you may need to show that you will not be a danger to yourself or others if you are allowed to drive.