REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN ILLINOIS

There are a variety of reasons why your Illinois driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for an Illinois driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of Illinois operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate points for more than three violations in a 12-month period on your current driver record, your license will be suspended.
• Driving Under the Influence: Your Illinois driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. A minimum revocation period of 12 months will be given to you. If your driver’s license is being reinstated after your 2nd DUI conviction, you will be required to install a breath alcohol ignition interlock device (BAIID) in your car. The BAIID tests your breath and will not allow you to start your car if alcohol is detected.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. Additionally, you may face possible revocation of your license, and seizure of your car. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Illinois must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended. If the SOS finds you to be at fault for a car accident while driving without car insurance, you face a suspension of up to 2 years.
• Other Driving-Related Violations: Your Illinois driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification: The Driver Services Department can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a Driver Services Department notice or not appearing in court; failing to pay traffic tickets, fines or surcharges. In addition to this, in certain cases, the right to apply for a driver’s license or instruction permit can be withheld from a person under 18 years of age, either for six months or until the 18th birthday.
• Parking Suspensions: These suspensions are issued against drivers who have 10 or more parking violations and these have not been dealt with. Once again a fee will be needed to reinstate the license.
• Automated Traffic Violation Suspension: This suspension comes into effect when you have failed to pay a fine or have 5 or more automated traffic violations.
• Failure to pay Child Support: Your license can be suspended under the Family Financial Responsibility Law if you default on your court imposed child support payments. For more information on this, check the Deadbeats Don’t Drive Program.
• Toll way Violations/Evasions: Your license can also be suspended if you do not pay fines for 5 or more toll way violations or evasions.

NOTE: You may face additional penalties imposed by the court system in addition to those imposed by the IL SOS.

REASONS FOR DRIVER’S LICENSE REVOCATIONS IN ILLINOIS

If you are convicted of a criminal DUI in Illinois, your driver’s license will be revoked. A revocation of your license is an indefinite loss of your driving privileges. If your driver’s license is revoked for any reason (including a DUI conviction), you cannot apply for a new license for at least 1 year.

The minimum length of your DUI-related revocation depends on the number of offenses for which you are convicted and the specific circumstances surrounding your arrest and conviction:

• 1st offense: 1-year revocation.
• 2nd offense in 20 years: 5-year revocation.
• 3rd offense: 10-year revocation.
• 4th offense (and any subsequent offenses): Lifetime revocation.

Please note that DUI convictions may result in additional criminal penalties imposed by the court.

CHECK YOUR DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

(add phone number and a button that pops open on the spot our inquiry form)

STATUTORY SUMMARY SUSPENSIONS

If you are pulled over and arrested for drinking and driving in Illinois, you are subject to a statutory summary suspension of your driver’s license by the SOS, whether or not you end up being criminally convicted for a DUI. The arresting officer will request that you submit to chemical testing. If you refuse to take the chemical test, you automatically face license suspension for up to 1 year, depending on the number of offense. If you submit to the testing and are found to have a blood alcohol concentration (BAC) of 0.08% or higher, you face suspension up to 3 years, depending on the number of offense.

Statutory suspensions are effective on the 46th day from the date of the notice of suspension.

You might be eligible for a Monitoring Device Driving Permit (MDDP) that allows you to drive a vehicle installed with a Breath Alcohol Ignition Interlock Device (BAAID) if you are under a summary suspension. You can be issued an MDDP through your formal hearing.

For more information regarding DUI and related penalties, please visit our IL DUI page.

ACTIONS TO TAKE IF YOUR ILLINOIS DRIVER’S LICENSE IS SUSPENDED

Having your Illinois driver’s license suspended is a serious matter, and it is essential to adhere to State law in the event that your license is suspended. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. The main things to be aware of following a license suspension are:

• If your license has not already been taken away from you in court, you must surrender it to the Illinois Vehicle Services Department. You can surrender your license in person at a Driver Services Facility, or mail it to Driver Services Division:

Springfield Office

2701 S. Dirksen Parkway

Springfield, IL 62723

(217) 782-6212

Chicago Office:

17 North State

Suite 1100

Chicago, IL 60602

• While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased.
• After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the Illinois VSD.
• You may apply for Restricted Driving Privileges of RDP. The program is also known as Driver Relief. You will need to contact the informal hearing office at Driver Facility Office to ascertain your eligibility.

ILLINOIS SUSPENSION HEARINGS & APPEALS

If you receive a notice of suspension from the VSD, and you wish to challenge the suspension, you may request a hearing in court. Use the Formal Hearing Request Form if your license was suspended due to DUI or a fatal accident and you wish to request a hearing. An administrative law judge or a VSD approved formal or informal hearing officer will hear your case, and determine whether your driver’s license should be suspended or not. A hearing will result in either the restoration of your driving privileges, the granting of a restricted driver permit (see “Restricted Driving Permits” below), or the denial of your driving privileges. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program may remove points from the current driving record, and in some cases can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

REINSTATE YOUR ILLINOIS DRIVER’S LICENSE

To have your suspended Illinois driver’s license reinstated, you will have to participate in an informal or formal hearing with a Secretary of State hearing officer. To request an informal or formal hearing, you must first have a consultation with a SOS hearing officer to assess your eligibility and guide you towards further action. Contact any Hearing Officer Facility Location for more information on scheduling a consultation.

INFORMAL HEARING:

You may request an informal hearing with an informal hearing officer IF your driver’s license was suspended for:

• An offense that did not involve a fatality.
• A single DUI
• Penalties handed down for minor moving violations.

To request an informal hearing, contact any hearing officer facility location.

Your hearing may result in a granting of a restricted driving permit (see “Restricted Driving Permits” below) or full reinstatement of your driver’s license. The final decision will be mailed to you within 90 days.

FORMAL HEARING:

You must have a formal hearing IF your driver’s license has been suspended for:

• An offense involving a fatality.
• Multiple DUI offenses.

You may only request a formal hearing by mail. To do so, you must:

• Complete a Formal Hearing Request (form DAH H 12).
• Mail the form to the address of the location where you wish to have your hearing. Each address is listed on the Formal Hearing Request (form DAH H 12).
• Provide payment for the $50 filing fee with one of the following payment methods: Check or money order payable to “Secretary of State” or Credit Card (a $2 processing fee will apply).

Upon receiving your hearing request and fee payment, the SOS will mail you a Notice of Hearing with your scheduled hearing date.

• If you do not speak English, you are responsible for bringing in your own interpreter to your hearing.
• If you are hearing impaired, you can request that the Secretary of State provide a sign language interpreter.

Your hearing may result in a granting of a restricted driving permit, denial of reinstatement, or full reinstatement of your license. Results will be mailed to you within 90 days after your hearing. Results will NOT be given by phone.

NOTE: When you go in for your hearing, remember that you must show a valid photo ID when entering a state building. Acceptable photo ID includes: Driver’s license, State-issued ID card, or Passport. If you are unable to provide photo ID, bring your Notice of Hearing and another form of ID, such as: your Social Security Card, Voter Registration Card, or Credit Card.

Once you have completed your suspension period, you can get your license back. Generally, you will need to:

• Pay the restoration fee – the fees vary according to the reason of suspension/revocation. The fees are given below:
• DUI – first suspension – $250
• DUI – Second suspension or subsequent – $500
• 1st Revocation – $500
• 2nd or subsequent revocation – $500
• Other Suspension (except Statutory Summary Suspension and Mandatory Insurance Conviction Suspension) – $70
• Other revocation (except DUI) – $50
• Discretionary Suspension (resulting from court convictions or other sufficient evidence) $ 70
• Failure to Appear in Court Suspension – $ 70
• Family Responsibility Suspension (i.e. failure to pay child support) – $ 70
• Parking Suspension – $70
• Safety Responsibility Suspension (Uninsured Crash) – $ 70
• Toll way Suspension – $ 70
• Unsatisfied Judgment Suspension – $ 70
• Zero Tolerance Suspension – $70
• 1 Statutory Summary Suspension – $250
• 2 or more Statutory Summary Suspensions – $ 500
• Any revocation – $ 500
• Mandatory Insurance Conviction Suspension – $ 100
• Provide proof of financial responsibility (SR-22), if required.
• Install an interlock ignition device in your vehicle if the license was suspended because of a DUI
• Apply for a standard license renewal to obtain a new license and pay the required fees as well.

You can pay by mail through check, cashier’s check, or money order payable to the Secretary of State to:

Secretary of State

Driver Service Department

2701 S. Dirksen Pkwy.

Springfield, IL 62723

You can also pay by phone with a Visa, MasterCard, or Discover card by calling 217-785-8619.

You can get further information on reinstatement by reading Road to Reinstatement: Restoring Your Driving Privileges.

ILLINOIS RESTRICTED DRIVING PERMIT

You may be able to apply for a restricted driving permit (RDP) while your license is suspended or revoked. An RDP allows you to drive during certain times of day and in certain designated areas.

To apply for an RDP, you must go through the same informal/formal hearing process described in “Reinstate Your IL Driver’s License” above.

During your session, you must show that you need to drive for at least one of the following reasons:

• Work.
• Medical appointments, daycare, or school for: Yourself, a child, family member, elderly person, or person with disability.
• An alcohol awareness class (if your license has been revoked due to DUI).

NOTE: Meeting the above criteria does not automatically make you eligible for an RDP.

You will not be eligible for an RDP during a summary suspension. However, you may be eligible for a Monitoring Device Driving Permit. (See “DUI Revocations” above.)

NOTE: By law, you are required to notify your employer within 30 days of receiving a traffic offense conviction or by the end of the next business day after receiving a CDL disqualification notice.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN ILLINOIS

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Offenses leading to CDL disqualifications are categorized into the following: Major Offenses, Serious Traffic Violations, Railroad-Highway Grade Crossing Offenses, and Violating Out-Of-Service Orders.

If you are a commercial driver, you must report any suspension, revocation, cancellation, or disqualification of any driving privileges to your employer within 1 day of your notification from the SOS.

MAJOR OFFENSES:

Under IL and federal law, the following are considered major offenses:

• Alcohol- and drug-related offenses, including: Driving with a blood alcohol concentration (BAC) of 0.04% OR violating implied consent laws by refusing a breath or blood test.
• Leaving the scene of an accident.
• The use of a commercial vehicle for transportation of illegal substances.
• Using the CMV to commit a felony.
• Causing a death because of negligent CMV operation.
• Operating a CMV without a valid CDL (if your CDL is disqualified, suspended, or revoked).

Major offenses will result in the following disqualification terms:

• 1st violation: 1 year. (3 years if transporting hazardous materials.)
• 2nd violation: Life.

DUI offenders may be eligible for CDL reinstatement after 10 years, pending the completion of a state-approved alcohol program.

Remember, your CDL can be disqualified for major violations, whether you are operating a commercial motor vehicle (CMV) OR a non-commercial vehicle at the time.

SERIOUS TRAFFIC VIOLATIONS:

• Excessive speeding or reckless driving.
• Making improper lane changes.
• Following vehicles too closely.
• Causing a fatal accident by violating any motor vehicle traffic control law (other than a parking violation).
• Operating a CMV without a CDL, without a CDL on your person, or without the proper CDL endorsements.

For serious violations, your CDL will be disqualified after your:

• 2nd violation within 3 years: For 60 days.
• 3rd violation within 3 years: For 120 days.

Your CDL can be disqualified for serious violations while driving a non-CMV only if that violation would result in a disqualification while you were operating a CMV.

RAILROAD CROSSING VIOLATIONS:

Railroad Highway Grade Crossing (RRHGC) violations are offenses related to the way you operate your CMV when crossing a railroad. RRHGC violations include, but are not limited to:

• Failing to slow down and check that the tracks are clear.
• Failing to stop when you’re required.
• Driving across the tracks when there’s not enough room for your CMV.

You face the following CDL disqualification penalties for RRHGC violations:

• 1st violation: Minimum of 60 days.
• 2nd violation within 3 years: Minimum of 120 days.
• 3rd violation and any subsequent violations within 3 years: Minimum of 1 year.

OUT-OF-SERVICE VIOLATIONS:

Out-of-Service Order (OOSO) violations are divided into Category 1 and Category 2 offenses.

If you violate an OOSO while transporting hazardous materials, you are subject to the following disqualification terms:

• 1st violation: Between 180 days and 2 years.
• 2nd violation within 10 years: 3 to 5 years.

If you violate an out-of-service order while transporting non-hazardous materials, you can face the following disqualification periods:

• 1st violation: Between 180 days and 1 year.
• 2nd violation within 10 years: 2 to 5 years.
• 3rd violation: 3 to 5 years.

CHECK YOUR CDL STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

NOTE: By law, you are required to notify your employer within 30 days of receiving a traffic offense conviction or by the end of the next business day after receiving a CDL disqualification notice.

ILLINOIS CDL SUSPENSION HEARINGS & APPEALS

The SOS gives you the opportunity to contest nearly all types of common driver’s license suspensions with an administrative hearing with the SOS. The most common cases the SOS will hear involve DUI-related suspension. If you wish to contest a DUI-related disqualification of your CDL you must complete and submit one of the following forms:

• Petition to Contest a CDL Disqualification Based Upon a Refusal, Failure to Complete or Failure to Pass a Chemical Test(s) Allegedly While Operating a Commercial Motor Vehicle (form DAH H 78).

To request a hearing to contest a DUI-related disqualification due to an offense that occurred while you were driving a commercial vehicle:

• Petition to Contest a CDL Disqualification Based Upon a DUI Arrest and a Refusal, Failure to Complete a Chemical Test(s) While Operating a Non-Commercial Motor Vehicle (form DAH H 85).

To request a hearing to contest a DUI-related disqualification due to an offense that occurred while you were driving a non-commercial vehicle.

• You can mail your completed form to one of the hearing office locations listed on the bottom of the form, along with payment for the $50 fee. Acceptable forms of payment include: Check or money order payable to “Secretary of State” OR a major credit card.

NOTE: You cannot contest any court convictions through the SOS. To appeal a decision by the court that leads to a license suspension, you must do so through the court system. If appealing a decision with the court, you may consider hiring an attorney to help you through the process.

REINSTATE YOUR ILLINOIS CDL 

In order to reinstate your CDL after a disqualification, you must wait until you are eligible to re-qualify for a CDL. Commercial license disqualifications in Illinois range from 60 days to life depending on your offense.

If you have been given a lifetime disqualification due to DUI-related offenses, you may be able to regain your CDL qualifications after 10 years if you complete a state-approved rehabilitation program.

Once you’re eligible, follow the required steps for reinstatement. Generally, CDL reinstatement involves:

• Meeting any special requirements, such as alcohol counseling or traffic school.
• Paying the reinstatement fee, plus all related fines.

To learn more about your specific set of required steps, contact your local IL SOS office.