Suspensions and Revocations

Driving privileges can be suspended or revoked by the Illinois Secretary of State.

Driving While Suspended or Revoked - 625 ILCS 5/6-303

  • This the statute for a suspension or revocation of driving privileges in Illinois. This is a serious offense which requires attorney assistance to navigate all potential outcomes.

  • Driving while suspended or revoked may be charged as either a misdemeanor or felony offense

Class A misdemeanor

    • If a first or second offense of Driving While Suspended or Revoked is committed, and the underlying license loss was not based on a DUI, the charge is a Class A Misdemeanor.

    • if the underlying basis for the loss of privileges was a first-offense DUI, it is classified as a Class A Misdemeanor

    • Even though these are charged as Class A misdemeanors, they are punishable by up to 364 days in jail and a fine

Class 4 felony

    • A second conviction when the original loss of driving privileges was based on a DUI

    • Your license was revoked for a reckless homicide 

    • A third or subsequent conviction of driving while suspended regardless of the basis of the suspension

    • If a person is involved in a traffic crash that is the proximate cause of personal injury or death to another person while their license is suspended

    • When charged as a Class 4 felony, you can be sentenced from 1 - 3 years in prison and a fine of up to $25,000

Class 3 felony

    • If this is your 10th, 11th, 12th, 13th, or 14th 6-303 conviction it will be charged with a class 3 felony

    • When charged as a Class 3 Felony, you can be sentenced to 2 to 5 years in prison and face a fine of up to $25,000.

Class 2 felony

    • If this is your 15th or higher 6-303 you will be charged with class 2 felony

    • When charged as a Class 2 Felony, you can be sentenced to 3 to 7 years in prison and face a fine of up to $25,000.

To be convicted of a “6-303” the prosecution must meet all of the following elements.

  • Driving or Actual Physical Control (APC) of a vehicle. You are actually driving a vehicle, or if you have APC, which means you are in the driver's seat with the keys and in a position to start or move the vehicle immediately. This allows law enforcement officers  to charge you even if the car isn't moving

  • On a public roadway. You are driving or in control of a vehicle on a publicly maintained way that is open for general vehicular travel, such as a street, highway, or even public school property. It generally excludes private areas like a private driveway or a restricted parking lot.

  • Confirmed to be suspended by law enforcement officer. The suspension or revocation of your driver's license doesn't only have to be from Illinois. The charge is still valid if a law enforcement officer confirms your privileges are invalid in any U.S. state or territory.

Driver’s License Suspension

  • A license suspension is a temporary suspension of your driving privileges. When a specific period of time ends, your driver’s license is reinstated with no required action. Violations that will result in license suspension include traffic offenses, DUI offenses, failure to pay financial obligations, failure to appear to court.

  • Suspension based upon Traffic Offense

    • If you are over 21 years old, and you get 3 (or more) moving violations in 12 months 

    • If you are under 21 years old, and you get 2 (or more) moving violations in 24 months

    • If you are driving without a driver license

    • If you are driving without insurance

    • If you are under 21 years old and are in possession of alcohol, 

    • If you pass a school bus 

  • Suspension based upon DUI Offense:

    • First refusal of chemical testing (breathalyzer) results in 1 year suspension, subsequent refusals results in a 3 year suspension

    • First failure of a chemical test (breathalyzer over .08) results in 6 month suspension, subsequent refusal results in a 1 year suspension

    • A conviction for possessing a controlled substance while driving can result in your license being suspended, regardless of whether or not you were actively impaired.

  • Failure to pay outstanding financial obligations, such as failure to pay child support or traffic fines and court fines can result in a license suspension until the debt is satisfied.

  • Failing to appear in court for a charged traffic offense will result in a suspension of your license, which remains in effect until the matter is resolved and the court notifies the Secretary of State.

Driver’s License Revocation

  • License revocation is Indefinite termination of your driving privileges. Upon completion of the time period required, you must petition to the secretary of state to reinstate your driver’s license. Violations that will result in license revocation include:

    • Conviction for Driving Under the Influence (DUI) (not supervision) in Illinois results in a mandatory license revocation, with the minimum period starting at one year and escalating to permanent termination of driving privileges for repeat or aggravated offenses.

    • Conviction for Reckless Homicide or Leaving the Scene of an Accident Involving Death or Personal Injury (often called a felony hit-and-run) results in a mandatory driver's license revocation

    • Conviction for Aggravated Fleeing and Eluding a Peace Officer is a mandatory ground for driver's license revocation

    • Conviction for three Reckless Driving charges within a 12-month period results in a mandatory license revocation. Prosecutors treat this pattern as evidence of extreme disrespect for traffic safety.

How to resolve suspended or revoked driver’s license?

  • To resolve a suspension, you do not need to take any action with the Illinois Secretary of State. Your license will automatically reinstate upon completion of your suspension period without any pending traffic violations.

  • To resolve a revocation, you must file a petition to the Illinois Secretary of State providing evidence that the reason for the revocation is resolved, and the requisite amount of time has passed without any issues.

Defending against a 6-303 Charge

  • Our firm can challenge the specific legal elements of the 6-303 charge by arguing your license was not suspended at the time of the ticket or that you were not in actual physical control of the vehicle.

  • If your charge is a Class 4 Felony or higher, we meticulously examine every prior conviction to find flaws that could invalidate the felony classification, potentially reducing your exposure to a misdemeanor.