NOTE: The article below features new information to explain the impact of Public Act 100-1004, which became Illinois law on January 1, 2019. After that date, driving on a suspended or revoked license is subject to Uniform Traffic Citations and new penalties for certain violations.
Penalties
If you drive while your license is suspended because of a prior statutory summary suspension or DUI conviction, the penalties provided by Illinois law can be severe.
Driving while suspended or revoked is a Class A misdemeanor offense. For all Class A misdemeanor offenses, the sentencing range is incarceration for up to one year in the county jail and a maximum fine of $2,500. However, the state legislature has passed laws establishing additional mandatory minimum sentences for the offense, when the cause of the suspension or revocation is a prior DUI.
On the first offense, the minimum sentence is 10 days in jail or 30 days of community service. One day of community service is 8 hours of work. Therefore, 30 days of community service equates to 240 hours. In Cook and DuPage counties, community service is completed through the Sheriff’s Work Alternative Program (SWAP). The program requires payment of a fee and takes place from 7:30 a.m. through 3:30 p.m.
When a license is suspended pursuant to a statutory summary suspension, because the driver blew over a 0.08 or refused the breath test – and the $250 reinstatement fee is not paid at the end of the suspension – the suspension will continue indefinitely. Often defendants charged with driving while license suspended have neglected to pay the reinstatement fee and were pulled over years later.
Difference between suspension and revocation
When the Secretary of State revokes a person’s driver’s license, the revocation is supposed to last for one year. But unlike a suspension – which allows the driver to pay a reinstatement fee and drive legally – a revoked license requires a formal hearing with a Secretary of State in order to get reinstated. These formal hearings take place at the Department of Administrative Hearings located in Chicago, Joliet, Springfield, and Mount Vernon. Until the driver goes through a formal hearing, the revocation will last indefinitely.
One of the most critical issues for driving on a license suspended or revoked for DUI is that a conviction will cause the Secretary of State to re-suspend or revoke the person’s driver’s license for the same period as before. That is, the Secretary of State will double the length of the suspension. For a license that is revoked for one year, the revocation will be extended for one year.
Public Act 100-1004
After Public Act 100-1004 took effect on January 1, 2019, driving on a suspended or revoked license typically results in the issuance of a Uniform Traffic Citation. If a driver receives three or more Uniform Traffic Citations, and fails to pay any of the resulting costs or fees, it qualifies as a Class A misdemeanor.