Driver’s License Suspension and Revocations
Lawyer in Southern Illinois

Driver’s License Suspension and Revocations Lawyer in Southern Illinois

Illinois drivers can lose their licenses for many reasons, including certain traffic- and vehicle-related convictions. By strongly defending against the underlying charge, it may be possible to prevent a license suspension or revocation altogether.

The skilled lawyers at Combs Waterkotte have over 60 years of combined experience defending the rights of the accused. We push back against all manner of criminal penalties, including incarceration, fines, and license suspension or revocation.

Jurisdiction Over Illinois Driving Privileges

Driver’s licenses are considered “privileges,” meaning no person has a right to one. Instead, states have total authority to create the rules for issuing, renewing, and terminating licenses for operating motor vehicles within their borders.

States enforce their authority to decide who gets to use their roads by punishing those who drive without a license. In Illinois, driving on a suspended or revoked license is at least a Class A misdemeanor punishable by up to a year in jail. The offense becomes a felony if the unlicensed driving results in a collision that causes a serious or fatal injury.

A driver facing a driver’s license suspension or revocation is caught in a difficult position. If they lose their license, they’ll either need to find alternative transportation or risk additional criminal charges by driving without a license.

Illinois Statutes Covering Driver’s License Suspension and Revocations

Illinois takes a very structured approach to driver’s license suspension and revocations. The laws set out two types of actions against driver’s licenses. Some grounds for suspension or revocation are discretionary. In these cases, the Illinois Secretary of State has the authority to suspend a driver’s license, but they aren’t required to do so.

The laws also set out mandatory grounds for suspension or revocation. In these instances, the Secretary of State must suspend the driver’s privileges upon notification by a court of a criminal conviction.

The procedures and options for defending your license depend on which type of suspension or revocation you’re facing:

Mandatory Driver’s License Suspension and Revocations in Southern Illinois

After a conviction for any of the following offenses, the court will notify the Secretary of State’s office, and your license will automatically be revoked:

• Reckless homicide, a form of involuntary manslaughter due to reckless driving
• Second conviction for driving without a license after a reckless homicide revocation
• Driving under the influence
• State or federal felonies committed using a motor vehicle
• Hit-and-run causing injury or death
• Perjury relating to vehicle ownership or driver licensing
• Third conviction for reckless driving within 12 months
• Tampering with another’s vehicle after taking physical control of it
• Drag racing or street racing
• Failing to carry insurance on vehicles-for-hire, such as taxis
• Failing to carry insurance on rental vehicles
• Reckless conduct involving a vehicle that endangers or injures another person
• Aggravated fleeing or attempting to elude the police
• Operating a commercial vehicle without a commercial driver’s license (CDL)
• Violating the open container law by someone under 21
• Any moving violation that results in a fatal car accident
• Using a deceased person’s handicapped parking decal
• Illegal drug possession while operating a motor vehicle
• Causing a fatal accident while illegally passing a school bus

Finally, the state must suspend the driver’s license of any minor who commits an offense in furtherance of gang activities involving the use of a motor vehicle. This section is written broadly to cover an array of offenses, including drive-by shootings and driving a getaway vehicle after a gang-related violent crime.

Drivers facing mandatory revocations generally aren’t entitled to a hearing, although the state may grant one. Because the state isn’t required to conduct a post-revocation hearing, the primary way to avoid these revocations is to win the underlying criminal case.

The sole exception is when the state seeks to revoke a driver’s license for committing a moving violation that causes a fatal accident. In this situation, the driver may request an administrative hearing to terminate or shorten the revocation.

Discretionary Driver’s License Suspension and Revocations in Southern Illinois

The Secretary of State’s Office has the discretion to revoke or suspend a license for the following reasons related to driver conduct:

• Committed an offense eligible for mandatory revocation but hasn’t yet been convicted
• Convicted of three or more traffic violations in 12 months
• Involved in multiple motor vehicle collisions
• Caused a crash resulting in serious injury due to a traffic violation
• Fraudulently used a driver’s license
• Arrested for DUI in another state and refused chemical testing
• Made a false statement in applying for a driver’s license
• Drove while their license was revoked or suspended
• Committed identity theft involving an Illinois driver’s license
• Convicted of criminal trespass to a motor vehicle
• Convicted of fleeing the police
• Refused a chemical test after being stopped for a suspected DUI or boating under the influence
• Convicted of a hit-and-run that caused more than $1,000 in damage
• Used a vehicle to commit a weapons crime
• Convicted of two or more open container violations within one year
• Convicted of a sex crime while operating a motor vehicle
• Convicted in another state or court-martialed for any of the aforementioned offenses
• Convicted of aggravated discharge of a firearm from a vehicle

Out-of-state violations aren’t excused. The statute includes a catch-all provision that allows Illinois to suspend your driver’s license for any conviction in any other state court or court-martial for any listed offense. Thus, a conviction for fleeing the police in Missouri can result in a suspension of your Illinois driver’s license.

One key distinction between discretionary and mandatory revocation or suspension is that you’re entitled to request a hearing after receiving notice of a discretionary suspension. During this hearing, you and your license defense attorney can present arguments for why your actions don’t fall under the statute.

Possible Defenses Against Driver’s License Suspension and Revocations in Southern Illinois

The viable defenses against driver’s license suspension and revocations depend on the grounds that state authorities cite. They also depend on whether the action is mandatory or discretionary.

The following possible defenses may apply to your case in Southern Illinois:

No Underlying Conviction

One of the most effective ways to avoid a suspension or revocation is to resolve the underlying case in a way that avoids triggering the driver’s license statutes.

For example, suppose that prosecutors charged you with DUI after a breath test showed that your alcohol level was over the legal limit. You could avoid a mandatory license revocation by securing an acquittal or dismissal of your DUI case after challenging the calibration of the breath test device.

Mistaken Identity

In rare cases, the state may suspend the wrong driver’s license. In this situation, you can defend yourself by proving that you weren’t the person subject to suspension or revocation.

Duration of Southern Illinois Driver’s License Suspension and Revocations

Illinois law sets out several timeframes for reapplying for a driver’s license after a revocation or suspension. The following terms are imposed by law and, in most cases, cannot be shortened: