Driving While Revoked or Suspended in Will County
Driving while your license is revoked or suspended is a Class A misdemeanor in Illinois under 625 ILCS 5/6-303. It becomes a Class 4 felony or worse in several situations, such as a second violation that causes a crash with injury, a repeat offense during a DUI related suspension, or a revocation tied to a death. When the suspension came from a DUI, the law also sets a minimum of 10 days in jail or 30 days of community service.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What the offense is
Section 6-303(a) covers anyone who drives or has actual physical control of a motor vehicle on a highway while their license, permit or privilege to drive is revoked or suspended. A permit that allows the driving, such as a restricted driving permit or monitoring device driving permit, is an exception. The base offense is a Class A misdemeanor.
The law reaches suspensions from other states too. It also covers the "privilege" to drive. You may be charged even if you never held an Illinois license.
A Class A misdemeanor carries less than one year in jail and a fine of up to $2,500 (730 ILCS 5/5-4.5-55). A Class 4 felony carries 1 to 3 years in prison, and probation of up to 30 months is allowed in many cases (730 ILCS 5/5-4.5-45).
When it is a felony
| Situation | Result | 6-303 |
|---|---|---|
| Second or later violation that is the proximate cause of a crash with injury or death | Class 4 felony | (a-3) |
| License revoked for reckless homicide, or for aggravated DUI that caused a death | Class 4 felony | (a-5) |
| Driving during a summary suspension when you were eligible for a monitoring device driving permit | Class 4 felony, 30 days in jail minimum | (c-3) |
| Driving without the ignition interlock device when your permit requires one | Class 4 felony, 30 days in jail minimum | (c-4) |
| Second violation, when this and the earlier one both happened during a DUI related suspension or revocation | Class 4 felony, at least 30 days in jail or 300 hours of community service | (d) |
| Third violation under the same DUI related facts | Class 4 felony, at least 30 days in jail | (d-2) |
| Fourth through ninth violation under the same facts | Class 4 felony, at least 180 days in jail | (d-3) |
Narrower rules turn the offense into a Class 2 or Class 1 felony when the earlier revocation came from reckless homicide or a fatal aggravated DUI (subsections (c-5), (d-2.5) and (d-3.5)). Those cases can bring a mandatory prison term and, in one, a lifetime revocation.
Mandatory minimums when the suspension came from a DUI
Subsection (c) sets a floor for anyone convicted when the license problem came from a DUI, a leaving the scene charge involving injury or death, or a statutory summary suspension. The floor is 10 consecutive days in jail or 30 days of community service, and the judge may not suspend or reduce it. A second violation carries at least 100 hours of community service under (c-1), unless a felony rule applies.
A fourth conviction can also bring seizure of your license plates or immobilization of the vehicle (c-2).
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Effect on your license and on supervision
- More time without a license. If you drive while revoked and are convicted, the Secretary of State will not issue a license for an additional year from the conviction (6-303(b-2)). If you drove during a suspension, the suspension is extended by the same length of time.
- Suspensions stack. Revocations and suspensions can run at the same time, and none cancels another (6-303(a-10)).
- Supervision may be barred. A judge cannot give supervision on this charge when the license was lost for a DUI related reason and you have been convicted of, or given supervision for, the same offense in the last 10 years (730 ILCS 5/5-6-1(j)).
See license reinstatement and restricted driving permits for the legal ways to drive again.
Common defense questions
Charges under this section turn on proof. Jeff looks at questions such as:
- Was the license truly suspended or revoked on that date, and did the State prove it with Secretary of State records?
- Was notice mailed to your address, and was it the right address?
- Did a restricted permit, monitoring device permit or other permit allow the trip?
- Did the officer have a lawful reason to stop you?
- Was the suspension still in force, or had it been rescinded or ended by a court order?
- Were you driving, or in actual physical control, on a highway?
A driver does not always know a revocation happened, for instance when a notice went to an old address. That fact can matter, so tell Jeff.
What happens next
- Read the ticket to learn which subsection is charged. The class of offense depends on it.
- Get your driving abstract from the Secretary of State to see the status and reason code.
- Do not drive again until you know your license status. Another stop can add a second charge.
- Gather any permit, court order or reinstatement receipt you hold.
- Talk to Jeff before the first court date at the Will County Courthouse, 100 W Jefferson St, Joliet.
How Jeff helps
- Finds out why the license was suspended or revoked and which section applies.
- Checks the Secretary of State records and the notice that the State relies on.
- Reviews the stop and whether any permit covered the trip.
- Explains the jail or service minimum that applies, so you know the real range.
- Works with you on the license steps needed to drive legally again.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about driving while revoked
Short answers first. Jeff McCarthy reviews every answer on this page.
Usually it is a Class A misdemeanor. It becomes a felony in listed cases, such as a second violation that causes a crash with injury or a repeat offense during a DUI related suspension.
Yes. If the license was lost because of a DUI or a summary suspension, a conviction carries at least 10 days in jail or 30 days of community service.
The State still has to prove the case. Whether you got notice and at what address are fair questions. Tell Jeff what you remember.
Sometimes. It is barred when the license was lost for a DUI related reason and you had a conviction or supervision on this offense in the last 10 years.
Yes. A conviction while revoked adds a year before the Secretary of State will issue a license. A conviction during a suspension extends the suspension.
A valid permit allows the driving it lists. Driving outside its terms, or without a required interlock device, can be charged under this section.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
