Illinois law permits the Secretary of State to suspend or revoke a driver’s license for various reasons, including for driving under the influence (DUI), failure to pay child support and having five or more toll way violations. Other offenses that may result in suspension or revocation include:
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Automated traffic violations – If you are photographed running a red light five or more times and you fail to pay the subsequent fines;
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Failure to appear – If you fail to appear in court for a traffic citation;
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Parking violations – If you have 10 or more unpaid parking violations;
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Safety responsibility violations – If you caused a car accident while driving without car insurance; and
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Traffic violations – If you have three or more moving violations within a 12-month period.
When the Secretary of State decides to suspend your driver’s license, he will send you written notice that requires you to surrender it. A suspension is a temporary loss of driving privileges, usually for a specified period of time or until you meet certain requirements. If you continue driving with a suspended license you face additional punishment, such as a longer suspension and jail time.
DUI Conviction
If you are convicted of a DUI in Illinois, your driver’s license will be revoked. This means you will lose your driving privileges for an indefinite period of time. While the revocation period depends on how many DUI offenses you have incurred, the baseline minimum is that you cannot apply for a new license for at least one year. Typically, this is what you can expect based on your number of DUI offenses:
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First offense – Your license will be revoked for one year.
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Second offense (if committed within 20 years of first offense) – Your license will be revoked for five years.
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Third offense – Your license will be revoked for 10 years.
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Fourth offense – Your license will be revoked for life.
Having your driver’s license reinstated after a DUI conviction is an intense process. There will be a formal hearing with a Secretary of State hearing officer. The law also requires you to complete an alcohol/drug evaluation within six months of the hearing. This evaluation will determine whether you are at risk for future substance abuse. Your risk level will then determine the steps that you have to take before your license will be reinstated. There are four levels:
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Minimal risk level: If the evaluation determines that there is a minimal risk of future substance abuse, you will only be required to complete an alcohol/drug education course.
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Moderate risk level: If the evaluation determines that there is a moderate risk (there is a risk, but not a huge one) of future substance abuse, you must complete a drug/alcohol education course and provide proof of early intervention.
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Significant risk level: If the evaluation determines that there is a significant risk (there is a high probability) of future substance abuse, then you must complete a drug/alcohol education course, prove that you are receiving any recommended treatment for substance abuse and provide updates on your progress.
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High risk level: If the evaluation determines that there is a high risk of future substance abuse (it is extremely likely), then you must complete a drug/alcohol education course, prove that you are receiving any recommended treatment for substance abuse and provide updates on your progress. plus:
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If you are dependent on drugs/alcohol, you must provide three letters from members of your recovery program that confirm you are participating, as well as three letters from independent sources confirming you are not using such substances.
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If you are not dependent on drugs/alcohol, you must provide a clinical explanation from a doctor certifying that determination.
Contact Glasgow & Olsson Today
A suspension or revocation of driving privileges has numerous consequences, particularly if you depend on such privileges to get to work, to transport your children or to run various errands. If you are facing license suspension or revocation – particularly if you have been charged with a DUI – contact one of our Chicago DUI defense attorneys today. We can assist those in Schaumburg, Arlington Heights, and the surrounding Chicagoland areas.