You may not know this, but driving with a suspended or revoked driver’s license (or permit) is a crime. That’s right, that little piece of plastic, with a picture of you that you probably hate, makes all the difference in the driving world.
The number of repeat violations and the severity of the circumstances determine whether you will be charged with a misdemeanor, a felony, or a more severe felony. Below, is a basic layout of what happens when you are convicted of driving with a suspended or revoked driver’s license or permit.
First Violation: Class A Misdemeanor
I don’t like to meddle into other people’s affairs, so I won’t ask you “why” your license is suspended/revoked. Just know that if you have been charged with this offense for the first time, you are facing a Class A misdemeanor, with a total possible sentence of 364 days in jail and a $2,500.00 fine. If you could clear your license of the suspension/revocation, you might be able to get your case dismissed. Congratulations. Be good.
Second Violation, and You are the Proximate Cause of a Motor Vehicle Accident That Causes Death or Personal Injury to Another: Class 4 Felony
Now this is getting serious. Your license was suspended or revoked for a reason, and the stakes have to be raised, because someone was hurt.
For a Class 4 felony, you are looking at a maximum possible sentence of 1 to 3 years in prison, plus fines.
Driver's License Revoked Due to Reckless Homicide or Aggravated DUI When the Violation Was the Proximate Cause of Death: Class 4 Felony
This carries the same maximum sentence as the previous violation. The minimum sentence is 30 consecutive days in jail or 300 hours of community service; a second violation is 100 hours of community service. If it is your first offense, the Secretary of State will not issue you a driver’s license for an additional three years from the date of your conviction.
Second Violation, When Current Violation Due to to Reckless Homicide or Aggravated DUI When the Violation Was the Proximate Cause of Death, and Previous Violation Due to Reckless Homicide or Aggravated DUI When the Violation Was the Proximate Cause of Death, DUI, Statutory Summary Suspension from DUI, or Motor Vehicle Accident Causing Death or Personal Injury: Class 2 Felony.
My God, what a mouthful. The Illinois statutes are specific, if nothing else.
Basically, if you caused serious injury, possibly death, the first time (while drunk, reckless, etc.), and then you did it again, you are facing a Class 2 felony. The maximum possible sentence is 3 to 7 years in prison.
Third Violation, When Current Violation Due to to Reckless Homicide or Aggravated DUI When the Violation Was the Proximate Cause of Death, and Previous Violation Due to Reckless Homicide or Aggravated DUI When the Violation Was the Proximate Cause of Death, DUI, Statutory Summary Suspension from DUI, or Motor Vehicle Accident Causing Death or Personal Injury: Class 1 Felony.
This is the same situation as the one just above, except now you’ve done it a third time and are facing a Class 1 felony, the same class as second-degree murder. You are facing 4 to 15 years in prison.
Other Scenarios
This list does not cover every possible scenario, because I can’t sit here and write this article all day. If you would like to see the statute yourself, here is the link: 625 ILCS 5/6-303.
What Do I Do if I am Charged With Driving With a Suspended/Revoked Driver's License or Permit in Illinois?
I highly recommend that you get a lawyer, or, at least, consult with one, depending on the severity of your situation. If you are charged with a Class A misdemeanor and you can clear your license, you have a good chance of getting your case dismissed. If you are charged with a felony, you should get a lawyer.
It is important that you cut off the bleeding. If your license is suspended or revoked, do not drive. Find out what you can about removing the suspension or revocation, if anything. Deal with the situation without adding more weight to your load.
Stay positive, you can get through this.