Penalties for Driving While Suspended or Revoked

Driving on a Suspended or Revoked License Penalties:

Under Illinois law 625 ILCS 5/6-303 it is unlawful for a person to drive or be in actual physical control of a motor vehicle when their driver’s license, permit, or privilege to do so or the privilege to obtain a driver’s license or permit is revoked or suspended

Driving on Suspended or Revoked License with no Aggravating Factors:

1. A first offense, when there are no aggravating factors is a Class a Misdemeanor punishable by Supervision, Conditional Discharge, Probation or up to 364 days in the County jail.
2. A second violation with no aggravating factors is a Class a Misdemeanor and shall be ordered by the court to serve a minimum of 100 hours of community service.
3. A third or subsequent violation with no aggravating factors is a Class a Misdemeanor and they shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service
4. After a Fourth Conviction the court may order Seizure of the license plates of the person’s vehicle and Immobilization of the person’s vehicle for a period of time to be determined by the court.

Driving on Suspended or Revoked when the reason for the original suspension or revocation was DUI , during a period of a Statutory Summary Suspension, Leaving the Scene of an Accident Involving Injuries or Death:

1. A first offense, when the reason for the suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, shall serve a minimum term of imprisonment of 10 consecutive days or 30 days of community service.
2. A first offense that occurs when the person during the period of Statutory Summary Suspension and was issued a MDDP and driving a car not equipped with the device, or was eligible for a MDDP and did not get the device, is guilty of a Class 4 felony and serve a minimum term of imprisonment of 30 days.
3. A second conviction when the reason for the original suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, is a Class 4 Felony and they shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service.
4. A Third conviction when the reason for the original suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, is a Class 4 Felony and they shall serve a minimum term of imprisonment of 30 consecutive days.
5. A Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth conviction when the reason for the original suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, is a Class 4 Felony and they shall serve a minimum term of imprisonment of 180 days.
6. A Tenth, Eleventh, Twelfth, Thirteenth, or Fourteenth conviction when the reason for the original suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, is a Class 3 Felony punishable by 2 to 7 years in the penitentiary and is not eligible for probation or conditional discharge.
7. A Fifteenth or subsequent conviction when the reason for the original suspension or revocation was DUI , driving during a period of a Statutory Summary Suspension, or Leaving the Scene of an Accident Involving Injuries or Death, is a Class 2 Felony punishable by 3 to 14 years in the penitentiary and is not eligible for probation or conditional discharge.

Driving on Suspended or Revoked when the reason for the suspension or revocation is Reckless Homicide:

1. If when the violation occurred and the reason for the suspension of driving privileges was a conviction for Reckless Homicide then the offense is a Class 4 Felony and if convicted the defendant will be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate and shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service.
2. A second conviction when the reason for the suspension of driving privileges was a conviction for Reckless Homicide the offense is a Class 2 Felony punishable by 3 to 7 years in the State Penitentiary and if convicted the defendant will be required to serve a mandatory term of imprisonment.
3. A third conviction when the reason for the suspension of driving privileges was a conviction for Reckless Homicide is a Class 1 Felony, punishable by 4 to 15 years in the penitentiary and is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment. the person’s driving privileges shall be revoked for the remainder of the person’s life.
4. A fourth or subsequent conviction when the reason for the suspension of driving privileges was a conviction for Reckless Homicide is a Class 1 Felony, punishable by 4 to 30 years in the penitentiary and is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment