Do Not Get Caught Driving With a Suspended or Revoked License

Illinois law provides for a variety of ways that you could lose your driving privileges, some of which may not even be related to driving at all. Fleeing from a police officer, incurring too many traffic violations, not paying traffic tickets or even not paying child support can result in a driver’s license suspension or revocation. Perhaps one of the most common reasons why a person loses their license is because they were arrested or convicted of driving a vehicle while under the influence of drugs or alcohol. In Illinois, DUI convictions are serious and the penalties are too. Not only do you face jail time and expensive fines, but you also face losing your driving privileges. What can be just as serious, however, is driving with a suspended or revoked driver’s license.

Losing your driving privileges in Illinois can stem from a surprisingly broad range of actions, extending far beyond simply unsafe driving.

Driving under the influence remains a critical area of concern, and Illinois law reflects the seriousness of this offense. A DUI conviction carries substantial penalties, including potential jail time, hefty fines, mandatory court costs, and, inevitably, the loss of your driving privileges. The duration of this suspension or revocation depends on various factors, including the number of prior DUI offenses and the circumstances surrounding the arrest.

However, what many individuals fail to fully grasp is the severity of the consequences associated with driving with a suspended or revoked driver’s license. This is not treated as a minor infraction; rather, it constitutes a criminal offense with potentially life-altering ramifications. It’s crucial to understand the escalating penalties associated with this charge, particularly when the initial suspension or revocation was DUI-related.

Criminal Charges for Driving With a Suspension or Revocation in Illinois (Updated for 2025)

Illinois law outlines specific criminal charges and penalties for individuals caught driving while their license is suspended or revoked. The severity of these penalties is significantly amplified when the original license suspension or revocation was a result of a DUI offense. Here’s a breakdown of the updated penalties:

First Offense

For a first offense of driving with a suspended or revoked license where the original suspension was not DUI-related, it is classified as a Class A misdemeanor. This carries a minimum penalty of 10 days in jail or 30 days of community service. Additionally, offenders can face fines up to $2,500, mandatory court costs, and an extension of their driver’s license suspension for a period equal to the original suspension or an additional year of revocation if the license was initially revoked.

However, if the original suspension or revocation was due to a DUI charge, a first offense of driving with a suspended or revoked license is still a Class A misdemeanor, but the penalties are more stringent.

Offenders are required to serve a minimum of 10 days in jail or 30 days of community service, face fines up to $2,500 plus mandatory court costs, and their driver’s license will be subject to a suspension period that is double the original DUI-related suspension or an additional year of revocation if the license was originally revoked due to the DUI. This underscores the state’s commitment to preventing individuals who have demonstrated impaired driving behavior from operating vehicles.

Second Offense

A second conviction for driving with a suspended or revoked license is generally charged as a Class 4 felony. This carries potential prison time, although the specific sentence can vary based on the circumstances of the case and the offender’s criminal history. Fines can reach up to $25,000, and the offender must serve a minimum of 30 days in jail or 300 hours of community service. The driver’s license will face further suspension or revocation, the duration of which will be determined by the court.

Importantly, if the original suspension or revocation was due to more serious offenses, including DUI, reckless homicide, refusing a chemical test (implied consent violation), or leaving the scene of a crash involving personal injury or death, a second offense of driving with a suspended or revoked license is elevated to a Class 2 felony. Class 2 felonies carry significantly harsher penalties, including longer potential prison sentences and the possibility of even higher fines. The mandatory minimum jail time or community service remains the same at 30 days in jail or 300 hours of community service.

Third or Subsequent Offense

A third or subsequent conviction for driving with a suspended or revoked license is treated with increasing severity. Generally, a third offense is charged similarly to a second offense as a Class 4 felony, carrying a minimum sentence of 30 days in jail or 300 hours of community service, and potential fines up to $25,000.

However, mirroring the second offense escalation, if the original suspension or revocation stemmed from DUI, reckless homicide, refusing a chemical test, or leaving the scene of a crash involving personal injury or death, a third or subsequent offense of driving with a suspended or revoked license is classified as a Class 1 felony. Class 1 felonies are among the most serious offenses under Illinois law, carrying substantial prison sentences and significant fines.

Additional Considerations for 2025

Beyond these statutory penalties, several other factors can influence the consequences of driving with a suspended or revoked license in 2025:

• Vehicle Seizure and Forfeiture: Illinois law allows for the seizure and potential forfeiture of vehicles driven by individuals with suspended or revoked licenses, particularly in cases involving repeat offenders or DUI-related suspensions/revocations. This can result in the permanent loss of the vehicle.
• Increased Insurance Rates: Reinstating driving privileges after a suspension or revocation often comes with significantly higher insurance premiums. A conviction for driving with a suspended or revoked license will further exacerbate these costs.
• Impact on Employment and Daily Life: Losing driving privileges can severely impact an individual’s ability to commute to work, attend appointments, and manage daily responsibilities. A criminal conviction for driving with a suspended or revoked license can create additional barriers to employment and other opportunities.
• Ignition Interlock Devices (IIDs): In many DUI-related suspensions or revocations, the reinstatement of driving privileges may be contingent upon the installation and use of an Ignition Interlock Device (IID) in the offender’s vehicle. This device requires the driver to provide a breath sample below 1 a certain alcohol concentration before the vehicle will start. Driving with a suspended or revoked license while an IID is mandated can lead to further penalties.  
• Changes in Technology and Enforcement: Law enforcement agencies in Illinois continue to adopt and refine technologies for identifying drivers with suspended or revoked licenses. Automated license plate readers (ALPRs) are becoming increasingly common, making it easier to detect vehicles associated with individuals who have lost their driving privileges.

Avoid a Criminal Charge by Contacting an Orland Park, IL, Driver’s License Reinstatement Attorney

Having your driver’s license suspended or revoked because of a DUI charge can be frustrating, but the worst thing you could do is to keep driving without getting a driving permit. At the Fotopoulos Law Office, we can help you apply for a monitoring device driving permit or a restricted driving permit. When you are eligible, we can also work to have your driver’s license reinstated. Contact our Cook County driver’s license reinstatement attorney today by calling the office at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Drive illinois

Illinois Compiled Statutes