Illinois Drivers Licenses
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ShareAuthor: Attorney Desk Reference Manual
Last updated: August 2007
Revocation and Suspension
Safety Responsibility Law
Reciprocity
Proof of Financial Responsibility
Family Financial Responsibility Law
Operation of Uninsured Vehicle
Driving Under the Influence of Drugs/Alcohol
Hearings
Driving Relief
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Revocation and Suspension
If a client does not know the nature of the revocation or suspension, a Driving Abstract may be obtained from the Secretary of State (SOS). Then see the Explanation of Codes in the Index. Different violations require different remedies.
Mandatory
This section involves revocation for conviction of certain offenses such as use of a motor vehicle in a felony, 3 reckless driving charges within 12 months, etc. A restricted driving permit may be issued for these offenses, but the revocation may not be reduced or modified. Revocation by the SOS is immediate upon notice of conviction. Special provisions apply to a person under 21 years of age who is convicted of these offenses: 625 ILCS 5/6-205(d). Offenses, length of mandatory suspension and reinstatement requirements are listed in the index.
Upon notice from a municipality that an owner of a registered vehicle has 10 or more "standing or parking" violations the SOS shall notify the owner of the intent to suspend privileges. Suspension will occur automatically unless the owner pays the fines to the municipality OR the owner requests a hearing in writing to the SOS with a payment of $10. The hearing will be limited to the issue of whether the municipality informed the driver of the tickets. No driving relief is available.
Discretionary
This section involves 33 lesser offenses for which a driver MAY have a license suspended or revoked. Professional driving privileges may be retained if the conviction falls under 6-206 (3 offenses within 12 months). These offenses, the length of suspension and reinstatement are listed in the index.
The period may be reduced for good cause, considering:
- Prior revocation or suspension
- Seriousness of the offense(s)
- Whether the person can demonstrate that there is a low risk for repeating the offense in the future
Typically, reductions require extraordinary circumstances.
Reinstatement
Reinstatement is not automatic and must be applied for on a form supplied by the SOS.
- A driver is eligible to apply for reinstatement upon completion of the suspension period and payment of reinstatement fee or upon removal of the cause for revocation;
- Reinstatement for revocation shall occur ONLY after a hearing and a determination by the SOS that the driver will not endanger the public welfare;
- Most people are eligible to apply for reinstatement one year from the effective date of a suspension, except for a second arrest and conviction of DUI, leaving the scene of a reckless homicide, or a second accident involving death or bodily injury. In these cases the mandatory suspension period is three years and upon a third conviction, six years;
- A driver under the age of 21 whose license is revoked for DUI will be eligible after a period of one year to apply for a restricted license only. One year from this date the driver may apply for a full license. This may be granted or the SOS may extend the restricted permit for an additional 12 month period until the driver is 21.
Safety Responsibility Law
Suspension
Upon notification of a determination that an accident occurred involving bodily injury or death or property damage in excess of $500 and where no insurance is indicated in the accident report, the State may require that security be paid by the operator or owner of vehicle involved in the accident. 5/7-201. With some exceptions under 5/7-202, if security is not paid and there is a reasonable likelihood that a civil judgment could be entered, the SOS shall so inform the owner and operator of the vehicle that the license will be suspended within 45 days of date of mailing of the notice unless either security or liability insurance is paid. The security shall not be less than $500. No driving relief is available but a hearing may be requested to contest the preliminary finding, amount of damage assessed, or for exoneration if the client is not actually guilty of the violation.
Reinstatement
The Client may be reinstated by proving any of the following:
- Release from liability (covenant not to sue) 625 ILCS 5/7-207
- Adjudication of non-liability 625 ILCS 5/7-208
- Installment agreement to pay the agreed amount of damages 625 ILCS 5/7-208
- Proof of payment of judgment, or payment of maximum statutory security deposit, 625 ILCS 5/7-209
- Notice of Bankruptcy
- Letter from an insurance company confirming coverage of both the owner and operator at time of accident
Duration of Suspension
If the client has not reinstated, the client may prove to the SOS by affidavit that two years have passed since the date their driver's license and registrations were suspended and that no claim has been filed; if a claim has been filed, the claim has been satisfied; or the client may terminate a suspension after 5 years if the SOS has not received documentation that any action has been filed.
Reciprocity
If the driving privileges of an Illinois resident are suspended in some other state under circumstances relating to an auto accident and if the circumstances would require suspension in Illinois, the SOS shall suspend the Illinois license until the resident supplies proof of compliance with the law of the other state.
Proof of Financial Responsibility for the Future
"Proof of responsibility for the future" is required of persons whose license or driving privileges have been revoked or who owe judgments for damages arising from a traffic accident in excess of $500 under the following statute.
Suspension
Driver's licenses, registration, stickers and plates may be suspended for 30 days for failure to satisfy final judgment resulting from a motor vehicle accident in excess of the following amounts:
- $20,000 for injury or death to one person
- $40,000 for injury to 2 or more persons
- Property damage in excess of $15,000 in one accident
An exception exists in this statute where judgment debtor's insurance company has gone out of business and debtor has secured another policy. See 5/7-303.
Termination of Suspension
Suspension shall continue until the judgment is satisfied or set aside and the debtor has established proof of responsibility for the future. Driving relief is not available.
Judgment Satisfied
- Proof of satisfied judgment may be provided
- Vacation of judgment may be provided if entered ex-parte
- Showing that 7 years have passed and judgment has not been revived (certified copy of court docket or half-sheet will suffice)
- Discharge of judgment in bankruptcy
- Judgment shall be deemed satisfied for termination of suspension when payments credited to debtor have reached the following amounts:
- $20,000 for injury or death to one person
- $40,000 for injury or death to 2 or more persons
- Property damage payments in the amount or $15,000 (5/7-311) - Installment payment schedule set by trial court is acceptable under 5/7-312 but where the payment agreement is breached, a suspension shall occur
Actual Proof of Responsibility for Reinstatement
625 ILCS 5/7-302 (Repealed)
Proof must be provided of the ability to respond to damages in the amounts of $20,000 for one individual killed or injured, $40,000 for injury or death to two or more individuals, and $15,000 worth of property damage. Proof consists of one of the following:
- Certificate of insurance (written certificate by insurer that policy is in effect (5/7-315)
- Bond (See 5/7-320)
- Deposit of money or securities with the state (See 5/7-323).
Note: if the judgment is more than 20 years old, the SOS may terminate a suspension without proof of satisfaction of judgment or proof of financial responsibility (5/7-309).
Family Financial Responsibility Law
License may be suspended for non-payment of child support where the obligor is more than 90 days delinquent. There must be an adjudication of arrears and a finding of contempt.
Driving Relief Available
Since the intent of the law is to obtain support, an obligor may obtain a permit to drive to work, to medical appointments or drug treatment for self or family.
Termination of Suspension
The SOS will require a form report from the circuit court clerk that the obligor has complied with the court order of support before the license will be restored.
Administrative Hearing
A driver may request a formal hearing under 625 ILCS 5/2-118. The scope of hearing will be limited to:
- Whether the driver is the actual obligor
- Whether the obligor is 90 days delinquent and in contempt
- Whether a superseding order of support has been entered
Operation of Uninsured Vehicle
- Any person who fails to produce proof of adequate insurance to an officer of law when it is requested is "deemed to be operating an uninsured vehicle." See 625 ILCS 5/7-601;
- If person has insurance and produces proof in court that at the time of the stop the vehicle was insured, no conviction shall result;
- If person has no insurance, conviction under this statute results in a fine of $500 to $1000.
Reinstatement
625 ILCS 5/7-302 (Repealed)
Client must demonstrate to the Court that (s)he has adequate insurance and can show "proof of financial responsibility for the future", as above.
Driving Under the Influence of Drugs/Alcohol (DUI)
- Driving under the influence of drugs and /or alcohol is prohibited;
- Most convictions under this statute are a Class A misdemeanor (up to 1 year in jail) and have additional penalties under this section if party was transporting a minor under the age of 16;
- Note: after January 1, 2006, it is a felony, aggravated DUI, if the driver committed this offense while not possessing a driver's license or permit or a restricted driving permit or the driver knew or should have known that the vehicle was not covered by a liability insurance policy;
- For every second offense within 5 years, in addition to the misdemeanor penalties, a person convicted shall be mandatorily sentenced to a minimum of 48 hours imprisonment and 100 hours of community service with an additional penalty if the party was transporting a minor under age 16;
- For driving during revocation of license for another DUI, the minimum sentence is 30 days of continual or 40 days of periodic imprisonment and 720 hours of community service;
- Other aggravating factors are listed at (d)(1);
- Note: if the DUI conviction occurs after January 1, 1997, only one lifetime supervision will be permitted;
- After a finding of guilt but before sentencing, a professional evaluation of the extent of the driver's substance abuse will be made. The cost will be paid by the individual evaluated;
- The evaluation is the most important evidence in any hearing concerning the Client's driver's license and must be done well. Deficiencies in the content of the evaluation, whether due to the negligence of the Petitioner in giving sufficient information to the evaluator or in the way in which the evaluation was written, may result in denial of a petition to reinstate. For example, copies of previous recommendations and issues raised in earlier hearings must be addressed in the evaluation. Evaluation must be on proper form and completed by state-qualified examiner. The Evaluation must have been completed within 6 months of the hearing date. If at all possible, the Client should have an attorney examine the evaluation to make sure it is sufficient. If possible, an attorney should represent the Client at the hearing. A current evaluation will also be needed if the Client applies for a judicial driving permit.
Suspension
Summary suspension of a driver's license may occur where:
- A driver refuses to take a breath, blood or urine test
- A driver is found to have a blood alcohol level of .08 or above
- A minor driver is found to have ANY alcohol in his/her blood
- A driver is found to have ANY level of a controlled substance in his/her blood
The arresting officer shall take the actual driver's license and give a notice of statutory suspension and a receipt in exchange. The receipt shall allow the driver to drive for 46 days and on the 46th day after the notice was given, the suspension shall automatically take effect. Confirmation of suspension shall be sent to driver.
Special rules apply if the driver was under 21 years of age. No amount of drugs or alcohol is allowed in this driver's system. See 625 ILCS 5/11-501.8 for suspension information. Restoration of license is covered by 625 ILCS 5/6-208.2.
Opportunity for Hearing
Driver shall be notified that s(he) has right to court hearing if a written request for hearing is filed within 90 days after the service of notice of summary suspension. The scope of hearing shall be limited to the following:
- Whether person was in fact arrested for DUI
- Whether officer had reasonable cause to believe that the person arrested was in control of a motor vehicle while under the influence of drugs or alcohol
- Whether the person refused to submit to test after being informed of rights, or the test, if taken, showed blood alcohol content of 0.08 or above
Hearings
Hearings may be formal or informal. The type of hearing required is listed in the index along with the violation.
Consultation
In a drug-or alcohol-related case, a hearing officer will speak to Petitioners at selected offices. The officer will inform the Petitioner what s(he) needs to do to get the license back and will give petitioner the necessary forms. This is a recommended prerequisite to both formal and informal hearings.
Informal Hearing
These conferences are a creation of the SOS and not the statute. The hearing takes place at the local SOS facility and does not usually require an appointment. A Petitioner may submit proof and the hearing officer will examine the proof and interview the Petitioner. Counsel may represent the client. The Hearing officer forwards a recommendation to the SOS. Unless the denial states otherwise, the Petitioner is entitled to another hearing in 30 days.
Formal Hearing
Similar to an informal hearing but SOS attorney presents evidence and may cross-examine the Petitioner and witnesses. The Petitioner is entitled to due process but the technical rules of evidence do not apply. Petitioner must show by clear and convincing evidence that (s)he should be granted relief. The request for a formal hearing must be made in writing to the facility where the hearing will be held.
Driving Relief: DUI, Non-DUI
Restricted License - Non-DUI Suspension
SOS may issue a "probationary license" where the license has been suspended due to the following:
- Violation of other restrictions on license such as no vision correction
- Revocation due to conviction of 3 offenses within 12 months, 5/6-206(a)(2)
- Revocation due to driving without license under 5/6-101
- Violation of restrictions due to classification of license: for-hire, school bus, etc. under 5/6-104
Restricted licenses are immediately invalidated and confiscated for certain severe offenses such as DUI, leaving the scene of an accident, and drag racing.
Restricted or Judicial Driving Permit - DUI Suspension
SOS has the authority to issue "hardship" driving permits for limited purposes involving employment, educational and medical needs. Permits will be restricted to specific usage times, areas and purposes and abuse of the privilege constitutes the offense of driving on revoked license. Case law says that the SOS must consider both the duty to protect public safety and also the hardship suffered by Petitioner.
Petitioner cannot prevail unless (s)he can show undue hardship AND that (s)he will not be a danger to public safety. The threshold is high for proof of hardship; for example Petitioner might show (s)he has no alternative means of transportation and must walk to work several miles without sidewalks. See Agans v. Edgar, 142 Ill. App. 3d 1087, 492 NE 2d 929 (4th Dist. 1989).
The Court shall consider prior and current traffic violations and "whether the person is likely to obey the limited provisions of the Judicial Driving Permit".
The Court will require a current (within 6 months) drug or alcohol evaluation. Results of the evaluation will assign a "classification" to Client's drug or alcohol use and determine requirements which must be met in order to apply for a judicial driving permit or for reinstatement.
How Soon May The Court Grant a Permit in DUI Case?
625 ILCS 5/6-208.1(d)(e)(f), (g)
First offense:
- At least 30 days from effective date of statutory suspension
More than one offense:
- Where person refused or failed to complete test - after 6 months from date of statutory suspension
- Where person took test and failed test - 90 days from date of summary suspension
No permit shall be granted:
- Where the driver is danger to public safety under DUI evaluation
- Where the driver has been convicted of reckless homicide within 5 years
- Where the driver was arrested for DUI while driving without valid license
- Where the driver has financial responsibility suspension
- For an unsatisfied judgment suspension
- Where license has been held as bail and licensee does not show up in court
Restricted Driving Permit:
Employment
Petitioner must show:
- Actual job or concrete offer of employment
- Non-availability of other transportation
- How Petitioner is currently getting to work
- Whether driving is required on the job and the radius of travel required
- Distance between home and job
- Similar factors demonstrating undue hardship
Restricted Driving Permit: Medical
Petitioner may get a permit to travel to and from medical appointments for self or family. Petitioner may go to counseling or attend three self-help meetings per week.
Restricted Driving Permit: Education
Petitioner may attend scheduled accredited courses.
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