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Driving with a Suspended License in Illinois

Driving with a suspended license is a Class A misdemeanor in Illinois, meaning that conviction can result in up to one year in jail and a fine of up to $2,500. In addition, the Secretary of State will extend the driver’s license suspension or enter a new suspension for a period equal to that of the original term of suspension.

The factors determining penalties are somewhat complex, in that the basis for the underlying suspension impacts the mandatory minimum penalty. For example, a person convicted of driving with a suspended license faces a minimum sentence of 10 consecutive days in jail or 30 days of community service if:

  • the suspension was the result of a DUI conviction;
  • the suspension was the result of leaving the scene of an accident resulting in death or personal injury; or
  • the suspension was the result of a statutory summary suspension or revocation based on breathalyzer refusal.

Other convictions for operating with a suspended license, such as cases in which the underlying suspension was based on

Second and third driving with a suspended license offenses are also charged as Class A misdemeanors, but the consequences become increasingly severe, and the factors determining the penalties are somewhat complex.

Generally, a second conviction will carry a minimum penalty of 100 hours of community service, and a fourth offense allows the court to seize the license plates of the defendant’s vehicle or even immobilize the vehicle.

However, subsequent offenses are also treated differently depending upon the basis for the underlying suspension. For example, driving after a driver’s license revocation in connection with a reckless homicide conviction is a Class 4 felony. Subsequent convictions under these circumstances escalate in seriousness, and a third offense may be charged as a Class 1 felony and result in a significant prison sentence, as well as revocation of driving privileges for life.

Get the Help You Need to Understand the Penalties for Driving While Suspended

The examples above are just a sampling of the variations on classification of and penalties for driving with a suspended or revoked driver’s license. I understand how overwhelming it can be to sort out what’s at risk and determine the best way to protect yourself, your freedom, and your right to drive.

That’s why I offer free consultations. Schedule an appointment to talk through the charges you’re facing. I will explain the applicable penalties, the evidence required for the prosecution to obtain a conviction, and your options for fighting the charges or negotiating for a favorable plea agreement.
There’s no reason to fight this battle alone.

Call 309-752-8500 right now, or use the contact form on this website to request a free consultation

Clark Miljush

Clark Miljush