Illinois DUI | Chicago & Northwest Suburbs. DUI & Traffic lawyer

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Sanctions for those convicted of driving drunk (DUI and Summary suspension chart 2006)

• Statutory Summary Suspension (chart)
• Illinois DUI and Summary Suspension cases

Penalty for failing chemical testing:

First offense — mandatory 3-month driver's license suspension
Second offense — mandatory 12-month suspension

Penalty for refusing to submit to chemical testing:

First offense — mandatory 6-month driver's license suspension
Second offense — mandatory 36-month suspension

A Statutory Summary Suspension in Illinois does not apply to an individual who has a BAC of less than .08. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply.

Summary suspensions in Illinois are automatic, effective on the 46th day from the notice date of the suspension. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect.

If a commercial driver’s license (CDL) holder receives a Statutory Summary Suspension, his/her CDL privileges will be disqualified for 12 months if a first offender and lifetime disqualification for a second offender. A Judicial Driving Permit (JDP) may be available to qualifying offenders during the suspension period.

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing. Statutory Summary Suspensions are automatic, effective the 46th day from the notice date of the suspension.

A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.

During the hearing the judge listens to the evidence and decides:

1. Whether the person was properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance.

2. Whether the arresting officer had reasonable grounds to believe at the time of the arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol and/or other drugs, or a combination thereof.

3. Whether the person was properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1 of the Illinois Vehicle Code.

4. Whether the person refused to submit and/or complete the required chemical tests or tests, pursuant to 625 ILCS 5/11-501.1(d) of the Illinois Vehicle Code, upon the request of the arresting officer.

5. Whether the person submitted to the chemical test and or tests but the sample of his/her blood alcohol concentration did not indicate a blood alcohol concentration of .08 or more.

Judicial Driving Permits (JDP):

Drivers who have had their licenses suspended may be granted limited driving privileges. These temporary driving permits are only issued for employment, education, and medical purposes when no other form of transportation is available.

* Drivers under age 18 are not eligible for a JDP

* First-time DUI offenders may request a JDP from the court to allow limited driving during a Statutory Summary Suspension. (A first-time offender is a driver who has not received a previous summary suspension, been convicted of DUI or assigned court supervision for DUI in this state, or who has not been convicted of DUI in another state within 5 years)

* Before the court can approve a permit, the offender must prove a hardship exists, provide proof of a current professional alcohol and drug evaluation and present a letter of employment to the court.

* The JDP does not become effective until the 31st day of the suspension.

Effective on January 1, 2009, a new Illinois law mandates car breath test device for first-offense DUIs. Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driving permit (rather than a monitoring device driver's license), except under specified circumstances.

Penalties for a DUI Conviction, Driving Under the Influence, Illinois

A first-time or second-time DUI in Illinois is typically charged as a misdemeanor, not a felony. However, a third-time DUI in Illinois or a drunk driving case where someone suffers great bodily harm will be treated as a felony.

A first DUI offender in Illinois can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record. 730 ILCS 5/5-6-3.1

First conviction (under age 21) — Class A misdemeanor with possible 0- 12 months imprisonment; loss of driving privileges for minimum 2 years; 100 hours community service; fines of up to $2,500; eligible for Restricted Driving Permit (RDP) after one year of revocation; may be required to have a BAIID installed in vehicle as part of driving relief.

Underage DUI, Illinois: zero tolerance law penalties apply to drivers in Illinois under age 21 who have any trace of alcohol in their systems or who refuse to submit to chemical testing.
• First offense: 3-month driver's license suspension for a BAC greater than .00; 6-month suspension for refusal to submit to or failure to complete testing.
• Second offense: 1-year driver's license suspension for a BAC greater than .00; 2-year suspension for refusal to submit to or failure to complete testing.
• If a commercial driver’s license (CDL) holder receives a zero tolerance suspension, his/her CDL privileges will be disqualifed for 12 months if a first offender and lifetime disqualification for a second offender.

Offenses Related to Underage Drinking, Illinois

Purchase or Attempted Purchase of Alcohol by a Minor
• Any person under age 21 convicted of violating the Liquor Control Act of 1934 for the illegal purchase, attempting to purchase, accepting, possession or consumption of alcohol will have his/her driving privileges suspended or revoked for 1 year.

Providing Alcohol to a Person Under 21
Class A misdemeanor with possible 0-12 months imprisonment; fines of $500-$2,500.

Parental Responsibility
Applies to parents or guardians knowingly allowing underage consumption of alcoholic beverages at gatherings at a residence. Class A misdemeanor with possible 0-12 months imprisonment; fines of $500-$2,500.

Illegal Transportation
Offenders may have their driving privileges suspended for 1 year for a first offense and revoked for a subsequent offense.

Hotel/Motel Responsibility
Applies to any hotel/motel employee who rents a room to a person under age 21 knowing that alcoholic beverages will be consumed there; or any person age 21 or older paying for a hotel room or facility knowing alcoholic beverages will be consumed there by individuals under age 21.
• Class A misdemeanor with 0-12 months imprisonment; fines of up to $2,500.
• Persons over age 21 paying for the hotel/motel room are held liable for any injuries or damage to persons or property caused by the underage drinker(s).

Accidents Causing Injury or Death
• Any person under age 18 who has been charged with an offense as a result of an accident in which a passenger was seriously injured or killed may be denied a driver's license or license renewal by the Secretary of State's office.

First conviction (over age 21) — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year; 100 hours community service; fines of up to $2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.

—Within five years of first conviction: Mandatory 5 days in jail or 240 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; mandatory minimum 10 days in jail or 480 hours community service; fines of up to $25,000; loss of driving privileges for minimum 10 years.

—Within five years of previous conviction: Mandatory minimum 10 days in jail or 480 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; fines of up to $25,000; lifetime loss of driving privileges; not eligible for any type of driving relief.

Fifth conviction (Aggravated DUI) — Class 1 felony with possible 4-15 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.

Sixth or subsequent conviction (Aggravated DUI) — Class X felony with possible 6-30 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.

Driving Under the Extreme Influence — BAC of .16 or greater, Illinois

First conviction — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year (if under 21, minimum 2 years); 100 hours community service; fines of $500-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.

—Within five years of first conviction: Mandatory 7 days in jail; community service may be awarded in addition to, but not in lieu of jail time; fines between $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction: Mandatory 2 days in jail; fines of $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; mandatory 90 days imprisonment (not eligible for community service); fines of $2,500-$25,000; loss of driving privileges for minimum 10 years; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

—Within 20 years of previous conviction: Loss of driving privileges for minimum 10 years.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7
years imprisonment (not eligible for probation or conditional discharge);
minimum fine of $2,500.

Driving Under the Influence — Child Endangerment
(driver over age 21 transporting a child under age 16)

First conviction — Mandatory 6 months in jail and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

—If resulting in bodily harm to a child: Class 4 felony with possible 1- 3 years imprisonment; mandatory fine of $2,500-$25,000 and 25 days of community service in a program benefiting children (imprisonment or assignment to community service not subject to suspension); not eligible for probation.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; mandatory 6 months in jail and 140 hours community service, 40 hours of which in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; fines of $1,000-$2,500; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction; eligible
for RDP; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction: Class 4 felony with possible 1-3 years imprisonment; mandatory 1 year in jail and 25 hours community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; minimum fine of $2,500; eligible for RDP; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction and resulting in bodily harm to a child: 18 months in jail; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; mandatory minimum fine of $5,000-$25,000.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; mandatory fine of $2,500-$25,000; loss of driving privileges for minimum 10 years.

—Within 20 years of previous conviction: Class 2 felony with possible 3-7 years imprisonment; mandatory 3 years in jail and 25 days community service in program benefiting children (imprisonment or assignment of community service not subject to suspension); not eligible for
reduced sentence; mandatory fine of $25,000.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; not eligible for probation/conditional discharge; minimum fine of $25,000.

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated DUI with a Death.

First conviction — Class 4 felony with possible 1-3 years imprisonment; loss of driving privileges for double the original suspension period or additional 1-year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.

Second conviction — Class 4 felony with possible 1-3 years imprisonment; mandatory 30 days in jail or 200 hours community service; loss of driving privileges for double the original suspension period or additional 1- year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.

Third conviction — Mandatory minimum 10 days in jail or 480 hours community service; loss of driving privileges for double the original suspension period or additional 1-year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; may result in seizure and forfeiture of vehicle.

Fourth conviction — Class 2 felony with possible 3-7 years imprisonment (not eligible for probation or conditional discharge); fines of up to $25,000; may result in seizure and forfeiture of vehicle.

Additional Consequences of DUI, Illinois
• A DUI conviction is a permanent part of an offender's driving record.
• The offender may lose work time.
• The offender will be required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated.
• The offender must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining a Restricted Driving Permit.
• The offender's vehicle may be impounded or seized.
• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the offender's vehicle as a condition of driving relief.
• The offender is required to carry high-risk auto insurance for 36 consecutive months.
• The offender's vehicle registration will be suspended or revoked.

Penalties for Other DUI-Related Offenses, Illinois

Aggravated DUI
A third or subsequent DUI conviction; a DUI while driving a school bus carrying children; a DUI resulting in great bodily harm, permanent disability or disfigurement; a DUI without a license or permit; a DUI with no proof of insurance; or a DUI after a prior conviction of reckless homicide or Aggravated DUI resulting in one or more details.

Aggravated DUI Involving a Death
A DUI resulting in one or more deaths.
• Class 2 felony with possible 3-14 years imprisonment; fines of up to $25,000.
• Possible 6-28 years imprisonment for multiple fatalities.
• Minimum 2-year revocation of driving privileges.

Reckless Homicide (DUI)
A DUI resulting in the loss of life.
• Class 2 felony with possible 3-14 years imprisonment; fines of up to $25,000.
• Possible 6-28 years imprisonment for multiple fatalities.
• Minimum 2-year revocation of driving privileges.

Possession of Drugs in a Vehicle
Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.
• 1-year suspension of driving privileges for a first conviction.
• 5-year suspension of driving privileges for a second conviction within 5 years.

Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
Class A misdemeanor with possible 0-12 months imprisonment and fines of up to $2,500.

Driving on a Suspended or Revoked License, Illinois

First conviction — Class A misdemeanor with possible 0-12 months imprisonment; mandatory 10-day imprisonment or 30 days community service; fines of up to $2,500; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Second conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Third conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Fourth-ninth conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 180 days in jail; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

10th-14th conviction — Class 3 felony with possible 2-5 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

15th or subsequent conviction — Class 2 felony with possible 3-7 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Dram Shop
An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.
• Liability is limited to $50,467 for property damage or personal injury.
• Liability extends to $61,682 for a loss of means of support due to death or injury

Illegal Transportation/Open Container
Transporting, carrying, possessing or having any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken, is illegal. Exceptions to the law are limousines, motor homes, mini motor homes and chartered buses not hired for school purposes.
• Maximum $1,000 fine and point-assigned violation on driver's record.
• 1-year driver's license suspension or revocation for a second conviction within 12 months.
• Mandatory 1-year license suspension for an offender under age 21 for a first offense, and mandatory license revocation for a second offense.

Fraudulent IDs and Driver's Licenses
It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fictitious or fraudulent state ID card or driver's license.The Secretary of State has the authority to suspend (up to 12 months) or revoke driving privileges prior to a conviction for anyone involved in the following offenses:

Class A misdemeanors (subsequent offenses are Class 4 felonies)
• Possessing, attempting to obtain or assisting another in obtaining a fictitious driver's license or permit.
• Allowing another person to use your license or permit.
• Displaying or representing as one's own any license or permit issued to someone else.
• Allowing any unlawful use of one's license or permit.

Class 4 felonies (subsequent offenses may be Class 3 felonies)
• Possessing, attempting to obtain or assisting another in obtaining a fraudulent license or permit.
• Issuing or assisting in the issuance of a fictitious driver's license.
• Manufacturing, possessing or providing any document for the purpose of obtaining a fictitious license.
• Possessing a driver's license-making or permit-making implement.

Judicial Hearings, Illinois

A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.

Legally, only four issues may be considered:
• Whether the person was properly arrested;
• Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs;
• Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and
• Whether, after being advised of the summary suspension, the driver submitted to chemical testing that showed a BAC of .08 or greater or any trace of cannabis, a controlled substance and/or intoxicating compounds.

The summary suspension is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver's record.

Driving Permits, Illinois

Drivers who have had their licenses suspended or revoked may be granted limited driving privileges. These temporary driving permits are only issued for employment, education and/or medical purposes when no other form of transportation is available. Some offenders may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles as a condition for the issuance of a permit.

Judicial Driving Permit (JDP), Illinois
• Drivers under age 18 are not eligible for a JDP.
• First-time DUI offenders may request a JDP from the court to allow limited driving during a Statutory Summary Suspension. (A first-time offender is a driver who has not received a previous summary suspension, been convicted of DUI or assigned court supervision for DUI in this state, or who has not been convicted of DUI in another state within five years.)

Before the court can approve a permit, the offender must prove a hardship exists and provide proof of a current professional alcohol and drug evaluation.
• The JDP does not become effective until the 31st day of suspension.
• A commercial driver’s license (CDL) holder does not qualify for a JDP to operate a commercial motor vehicle. The driver may be eligible for a JDP for base driving privileges if the driver is a first offender.

Restricted Driving Permit (RDP), Illinois

Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20-year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If a driver is convicted of DUI in another state, Illinois driving privileges will be revoked.

If eligible, those convicted of DUI may apply to the Secretary of State's office for an RDP.
• A multiple offender whose BAC test results are .08 percent or greater or whose chemical test indicates any amount of a controlled substance, is not eligible for an RDP during the summary suspension period.
• A multiple offender who refuses to submit to or fails to complete chemical testing is not eligible for an RDP during the summary suspension.
• A driver under age 16 whose driving privileges are revoked is not eligible for an RDP.
• To obtain an RDP, the offender must prove hardship exists, provide a current professional drug and alcohol evaluation and, when appropriate, provide proof of remedial education or treatment.
• An offender must appear before a hearing officer in the Secretary of State's Department of Administrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis.
• An individual with two or more alcohol related driving incidents on his/her driving record within 10 years is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle for the duration of the RDP. As required by statute, the individual is responsible for the fee required for the BAIID during this period.
• An individual requesting a formal hearing for an RDP or reinstatement of his or her driving privileges will be charged a $50 nonrefundable filing fee when requesting the formal hearing.

Driver’s License Reinstatement, Illinois, Chicago

Statutory Summary Suspension, Illinois
Driving privileges may be reinstated at the end of the Statutory Summary Suspension period unless the court instructs the Secretary of State otherwise.

A person convicted of DUI who lost his/her driving privileges because of a summary suspension will have that time credited to the minimum driver's license revocation period.

Before driving privileges can be reinstated:
• Other suspensions or revocations on the driving record must be cleared.
• A $250 reinstatement fee must be paid to the Secretary of State, $30 of which goes to the Department of Human Services, Office of Alcoholism and Substance Abuse, to help defray the cost of professional alcohol and drug evaluations for indigent offenders.
• In the case of repeat offenders, the reinstatement fee is $500, with $60 going to the Illinois Road Fund, $190 going to the Drunk and Drugged Driving Prevention Fund, and $250 going to the General Revenue Fund.
• The reinstatement of a Statutory Summary Suspension becomes valid when it is entered on the driver's record in the Secretary of State's office provided the provisional termination date has passed.
• Payment for the reinstatement fee may be mailed to: Secretary of State, DUI Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-782-3619 (debit cards not accepted).

Revocation

To have driving privileges reinstated in Illinois, a driver convicted of DUI must:
• Have a clear driving record other than the revocation sanction.
• Undergo an alcohol and drug evaluation. If an alcohol or drug problem is indicated, proof of treatment must be submitted.
• Complete an alcohol and drug remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.
• Appear before a Secretary of State hearing officer. For a first offense, aninformal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee and attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet.
• Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender's overall driving record and the driver's remedial efforts.
• File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement
fee, pass the driver's license examination (written, vision and driving portions) and pay the appropriate application fee.
• Repeat offenders must pay an additional $500 in reinstatement fees.
• Payment for a revocation may be mailed to: Secretary of State, Traffic Violations Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-785-8619 (debit cards not accepted).
• An individual requesting a formal hearing for reinstatement of his/her driving privileges must pay a $50 non-refundable filing fee when requesting the formal hearing.

A reinstatement in Illinois becomes valid when it is entered on the driver's record in the Secretary of State's office.

Secretary of State
Administrative Hearings Dept.
291 Howlett Bldg.
Springfield, IL 62756
217-782-7065
or
17 N. State St., #1200
Chicago, IL 60602
312-793-3862

Driver’s License Reinstatement:

To have driving privileges reinstated, a driver convicted of DUI must:

* Have a clear driving record other than the revocation sanction.

* Undergo an alcohol and drug evaluation. If an alcohol or drug problem is indicated, proof of treatment must be submitted.

* Complete an alcohol and drug remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.

* Appear before a Secretary of State hearing officer. For a first offense, an informal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee and attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet.

* Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender’s overall driving record and the driver’s remedial efforts.

* File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement fee, pass the driver’s license exam (written, vision, and driving portions) and pay the appropriate application fee.

* Repeat offenders must pay an additional $500 in reinstatement fees.

What is the difference between a suspension and a revocation?

Suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet certain reinstatement requirements. Revocation means that your driving privileges are taken away indefinitely. If revoked, you may not reapply for your license for at least one year.

What is a Statutory Summary Suspension?

If you are arrested for driving under the influence of alcohol (DUI), the arresting officer will request that you submit to chemical testing. Refusal to submit to this testing will result in a six or 24-month suspension. Submission to testing that reveals a blood alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis or a controlled substance will result in a three or 12-month suspension.

STATUTORY SUMMARY SUSPENSION LAW: If you are arrested and found to have a BAC of .08 percent or more and/or any trace of a controlled drug substance or cannabis (marijuana) in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. If you refuse to submit to testing, your driving privileges will be suspended for at least six months. If you are a second offender within a five-year period, your privileges will be suspended for at least 12 months if you fail or 24 months if you refuse the test. The officer will take your license at the time of the arrest and provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date. When your suspension ends, you must pay a $60 reinstatement fee to terminate the suspension. If you are charged with DUI, your refusal to submit to testing may be used as evidence against you.

Rule 11.1 of the Circuit Court of Cook County changed the procedure for filing and scheduling hearings on Petitions to Rescind Statutory Summary Suspensions. Based on the changes, the petitions may be filed in Cook County courthouses other than the courthouse where the matter is pending

What is a Zero Tolerance Suspension?

A driver under age 21 who is arrested for any violation of the Illinois Vehicle Code will be asked to submit to chemical testing if the arresting officer has reason to believe the driver has consumed any amount of an alcoholic beverage. Refusal to submit to this testing will result in a six or 24-month suspension. Submission to testing that reveals a blood alcohol concentration of more than 0.00 will result in a three or 12-month suspension.

If convicted of DUI while transporting a person under age 16, you will be fined a minimum of $500 and required to serve five days of community service in a program benefiting children.

A DUI also will subject you to high risk auto insurance rates for three years. Before your driving privileges are restored, you will be required to undergo an alcohol and drug evaluation and successfully complete a rehabilitation or an alcohol and drug education program and/or meet other requirements.

@ 730 ILCS 5/5-6-1 (2000) Disposition of Supervision

(c) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, if the defendant is not charged with a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 12-3.2; 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section 24-1; and Section 1 of the Boarding Aircraft With Weapon Act [720 ILCS 5/12-3.2; 720 ILCS 5/12-15; 720 ILCS 5/31-1; 720 ILCS 5/31-6; 720 ILCS 5/31-7; 720 ILCS 5/21-1; 720 ILCS 5/24-1; and 720 ILCS 545/1]; or a felony.

If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that: (1) the offender is not likely to commit further crimes; (2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and (3) in the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted under this Code.

(d) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-501 [DUI provision] of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance when the defendant has previously been: (1) convicted for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or (2) assigned supervision for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or (3) pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 of the Illinois Vehicle Code [625 ILCS 5/11-503] or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.

The 1999 amendment by P.A. 91-114, effective January 1, 2000, inserted "or any similar law or ordinance of another state" in subdivisions (d)(1), (d)(2) and (d)(3).

@730 ILCS 5/5-6-3.1 (Sec. 5-6-3.1) Incidents and Conditions of Supervision.

(a) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of the period.

(b) The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act or Section 411.2 of the Illinois Controlled Substances Act, in which case the court may extend supervision beyond 2 years.

(d) The court shall defer entering any judgment on the charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

(f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law. However, any defendant placed on supervision before January 1, 1980, may move for sealing or expungement of his arrest record, as provided by law, at any time after discharge and dismissal under this Section. A person placed on supervision for a sexual offense committed against a minor as defined in subsection (g) of Section 5 of the Criminal Identification Act or for a violation of Section 11-501 [DUI provision] of the Illinois Vehicle Code or a similar provision of a local ordinance shall not have his or her record of arrest sealed or expunged.

I received an enforcement notice in the mail for a parking ticket that I believe was not issued to my vehicle. What can I do to contest this action?

If the ticket notice is from the City of Chicago, you can work with the city to request a mail-in hearing to have a city hearing officer review the ticket to determine proper liability. To do so, you will need to send a written request for a mail-in hearing to the City of Chicago, Bureau of Parking Enforcement, Room 540, 333 S. State Street, Chicago, Illinois 60604. Accompanying your request should be proof that the vehicle described in the ticket enforcement notice is not your vehicle, such as a copy of your vehicle's license registration card, or proof that your vehicle was not at the place indicated on the ticket at the stated time, such as a copy of your time sheet from work or a letter from your employer. For more information on contesting a Chicago parking ticket, residents of the (312), (708) and (847) area codes may call the City of Chicago at 312-744-2668; all other Illinois residents can call toll-free 1-800-336-2446. If the ticket notice is from another municipality, the ticket often can be contested in a manner similar to that of Chicago tickets.

I have moved out-of-state and wish to obtain a new license. The licensing authorities in that state require that I provide them with a letter of clearance as proof that my Illinois license is valid. How can I obtain a clearance letter?

All states were notified that as of Oct. 1, 1997, Illinois no longer issues clearance letters. States should perform record checks through the Problem Driver Pointer System. If the other state's licensing authority insists on having written proof of the validity of your driving privileges, you may obtain a copy of your driving record.

I was hit by an uninsured motorist who was at fault in the crash. Can something be done to help me collect damages?

You should submit an Illinois Crash Report to the Illinois Department of Transportation Accident Report Office, 3215 Executive Park Drive, Springfield, Illinois 62766, 217-782-4516. In the report you should indicate that the party was uninsured and request that the case be certified to the Secretary of State for suspension under the Safety and Financial Responsibility Law. Once the case is certified, the Secretary of State will suspend the driver's license of the at-fault uninsured driver and the license plates of the uninsured owner involved in the crash. The suspension will remain in effect until restitution is made to you or until other requirements set by statute are met. Another option available to you is to file a court judgment against the uninsured motorist. If the judgment remains unsatisfied for 30 days, you may submit it to the Secretary of State for suspension. For additional information, contact the Safety and Financial Responsibility Section, 2701 S. Dirksen Parkway, Springfield, Illinois 62723, 217-782-3720.

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Non-moving violations typically involve illegal parking; parking in front of a fire hydrant, parking in a posted non-parking zone or at an expired meter. In Cook County every suburb has its own parking tickets. In the City of Chicago parking tickets are a bright orange color. A parking ticket may be contested by either an in-person hearing or by mail. In Van Harken v. City of Chicago, the plaintiffs, both individually and as class representatives, filed an action against the City of Chicago, challenging the constitutionality of the Administrative Adjudication of Parking or Compliance Violations ordinance Chicago Municipal Code §9-100-010 et seq. (1998) The court found that the Ordinance does not violate either the Separation of Powers Clause or the Due Process Clause of the Illinois Constitution. Ill. Const. 1970, art. II, sec.1, art. I, sec.2. Click on case name for opinion. Traffic FAQ

In Illinois, conviction for three moving violations within a year may result in the suspension of your driver's license by the Secretary of State. Moving violations include offenses such as speeding, reckless driving and driving under the influence, some of which may be punishable by a loss of your drivers license, jail and/or fine. In addition, convictions recorded on your driving record may result in insurance cancellation or increased premiums. You may have a variety of legal defenses for trial. It may be possible to get your case dismissed, or to obtain a plea bargain in order to minimize the penalties. You may be eligible to attend Traffic Safety School to avoid a judgment of conviction.

Throughout Cook County a moving violation ticket will state either that you must appear in court giving you a time and place to appear or you will receive an envelope with which you can avoid a court appearance. The envelope gives you three choices. You may plead guilty, pay a fine and receive a conviction against your driving record. Or, you can elect to attend Traffic Safety School and avoid a conviction against your record. Or, you can plead not guilty to the charge and request a court hearing. The Clerk of the Court will mail a post card to you telling you when and where to be in court.

Basic Speed Rule: A person shall not drive a vehicle upon any highway at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. 625 ILCS 5/11-601(a).

1st or 2nd speed law offenses are Petty Offenses. A 3rd or subsequent speed law offense (within 1 year) is a Class C misdemeanor, 625 ILCS 5/16-10, year, not more than 30 days jail, 730 ILCS 5/5-8-3(a)(3). Driving > 40 MPH over the speed limit is a Class A misdemeanor, 625 ILCS 5/11-601.5, any jail term less than 1 year. 730 ILCS 5/5-8-3(1) Speed Restrictions, Illinois (625 ILCS 5/)

Statutory Speed Limit: 65 MPH: (1) on Illinois toll highways and (2) on highways that are divided and have at least 4 lanes 625 ILCS 5/11-601(b) & (d);
55 MPH on all other highways, roads or streets outside an urban district 625 ILCS 5/11-601(b) & (d) 55 MPH for Second Division Vehicles weighing >8,001 lbs. 625 ILCS 5/11-601(e);
30 MPH in an urban district, 625 ILCS 5/11-601(b) & (c)(1);
15 MPH in an urban district alley, 625 ILCS 5/11-601(b) & (c)(2).

The 65 MPH speed limit applies either (1) to vehicles which are designed to carry not more than 10 persons (First Division vehicles) or (2) to Second Division vehicles which have a gross weight of <8,000 lbs. A Second Division Vehicle is defined as one (1) designed to carry 10 or more persons, (2) use for living quarters, (3) designed to carry or pull property, freight or cargo and (4) a registered school bus regardless of the number of students it is designed to carry. 625 ILCS 5/1-217 & 5/11-601(d).

Illinois Speed Laws (pdf)

State By State Speed Laws

SANCTIONS FOR SPEEDING IN A CONSTRUCTION ZONE: There is a fine of $150 (mandatory) to $1,000.  There is an additional fine of $50 which is used for school safety.

SANCTIONS FOR SPEEDING IN A SCHOOL ZONE: There is a fine of $150 (mandatory) to $1,000.  There is an additional fine of $50 which is used for school safety.

Cook County Clerk of the Circuit Court On-line Traffic Information and Payment page. You live downstate but got a Cook County traffic ticket? If you don't want to pay to contest it, you can now pay it on line. Only citations issued within the last 30 days are eligible, and the violation must be eligible for the Court Diversion Program.

Sentence of Imprisonment for Misdemeanor (730 ILCS 5/Sec.5-8-3) A sentence of imprisonment for a misdemeanor shall be for a determinate term according to the following limitations: (1) for a Class A misdemeanor, for any term less than one year; (2) for a Class B misdemeanor, for not more than 6 months; (3) for a Class C misdemeanor, for not more than 30 days.

Authorized fines. (730 ILCS 5/Sec. 5-9-1.) (a) An offender may be sentenced to pay a fine which shall not exceed for each offense: for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater; for a Class B or Class C misdemeanor, $1,500; (4) for a petty offense, $1,000 or the amount specified in the offense, whichever is less

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Penalties for Possessing Marijuana

Amount in Grams*	Max. prison	Max Fines	Assessment
Up to 2.5	30 days	$1,500	$ 200
2.5 to 10	6 months	$1,500	$ 200
10 to 30	364 days	$2,500	$ 300
30 to 500	3 years	$25,000	$ 500
500 to 2,000	5 years	$25,000	$ 500
2,000 to 5,000	7 years	$25,000	$ 1000
Over 5,000	15 years	$25,000	$ 2000

* There are about 28 grams in an ounce.
Ü Penalty is higher for a repeat offense.
Sources: 720 ILCS 550/4; penalties by class of crime stated in 730 ILCS 5/5-8-1, 5/5-8-3, and 5/5-9-1; and assessments required by 720 ILCS 550/10.3(a).

This general information about the law is not intended as legal advice about any particular problem. If you have a serious problem involving a traffic violation, you should consult a lawyer.

HIGH COURT APPROVES CUSTODIAL ARREST FOR NO SEATBELT

Decided April 24, 2001

The Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine. ATWATER v. LAGO VISTA (99-1408) 195 F.3d 242, affirmed. Argued December 4, 2000 -- Decided April 24, 2001. HTML VERSION.

The court ruled 5-4 in the case of a Texas woman handcuffed in front of her small children and briefly jailed for failing to wear a seat belt. Gail Atwater said the belts were unfastened only to help the family peer out for a distraught 4-year-old's lost toy. A police officer saw her as endangering her children and ordered her to jail.

Texas law makes it a misdemeanor, punishable only by a fine, either for a front-seat passenger in a car equipped with safety belts not to wear one or for the driver to fail to secure any small child riding in front. The warrantless arrest of anyone violating these provisions is expressly authorized by statute, but the police may issue citations in lieu of arrest. Petitioner Atwater drove her truck in Lago Vista, Texas, with her small children in the front seat. None of them was wearing a seatbelt. Respondent Turek, then a Lago Vista policeman, observed the seatbelt violations, pulled Atwater over, verbally berated her, handcuffed her, placed her in his squad car, and drove her to the local police station, where she was made to remove her shoes, jewelry, and eyeglasses, and empty her pockets.

Officers took her “mug shot” and placed her, alone, in a jail cell for about an hour, after which she was taken before a magistrate and released on bond. She was charged with, among other things, violating the seatbelt law. She pleaded no contest to the seatbelt misdemeanors and paid a $50 fine. She and her husband (collectively Atwater) filed suit under 42 U.S.C. § 1983 alleging, inter alia, that the actions of respondents (collectively City) had violated her Fourth Amendment right to be free from unreasonable seizure. Given her admission that she had violated the law and the absence of any allegation that she was harmed or detained in any way inconsistent with the law, the District Court ruled the Fourth Amendment claim meritless and granted the City summary judgment. Sitting en banc, the Fifth Circuit affirmed. Relying on Whren v. United States, 517 U.S. 806, 817—818, the court observed that, although the Fourth Amendment generally requires a balancing of individual and governmental interests, the result is rarely in doubt where an arrest is based on probable cause. Because no one disputed that Turek had probable cause to arrest Atwater, and there was no evidence the arrest was conducted in an extraordinary manner, unusually harmful to Atwater’s privacy interests, the court held the arrest not unreasonable for Fourth Amendment purposes.

Drug Roadblocks, 4th Amendment

Decided November 28, 2000

Indianapolis, et al. v. Edmond, James 99-1030: Are checkpoints at which law enforcement officers briefly stop vehicular traffic, check motorists' licenses and vehicle registrations, look for signs of impairment, and walk narcotics detection dog around the exterior of each stopped automobile unlawful under the 4th Amendment?

By a 2-1 vote, a 7th Circuit Court of Appeals panel found fault with the reasons Indianapolis gave for justifying its drug roadblock program. The majority identified four situations in which a random search might be constitutional:

1. A roadblock set up to catch a fleeing criminal, where there is a suspect--the police have identified the criminal and have only to find him--but it is infeasible to avoid an indiscriminate search of others.

2. A hypothetical dynamite case, where no specific person is under suspicion but the circumstances make it impossible to prevent a crime without an indiscriminate search.

3. A regulatory search, the objective of which is to protect a specific activity rather than to operate as an adjunct to general criminal law enforcement.

4. The prevention of illegal importation of people or goods.

Text of U.S.Supreme Court Opinion: On Nov. 28, 2000, the Supreme Court, by a 6-3 vote, affirmed, holding that because the checkpoint program's primary purpose is indistinguishable from the general interest in crime control, the checkpoints violate the 4th Amendment. Appealed from 7th Circuit Court of Appeals (183 F.3d 659)

Transcript of U.S.Supreme Court Oral Argument: Oct. 3, 2000 [PDF]

• Drinking & Driving Violations Driving While Intoxicated...and Reckless Driving (625 ILCS 5/11-500 to 5/11-505)
  
• Driving Without a License / With a Suspended License Violation of License Provisions (625 ILCS 5/6-301 to 5/6-307)
  
• Driving Without Insurance / With Insufficient Insurance Mandatory Insurance (625 ILCS 5/7-601 to 5/7-610)
  
• Driving Without Registration / With Expired Registration Offenses Against Registration (625 ILCS 5/3-701 to 5/3-711)
  
• Illegal U-Turn Turning and Starting and Signals on Stopping and Turning (625 ILCS 5/11-801 to 5/11-806)
  
• Leaving the Scene of an Accident / Hit & Run Accidents (625 ILCS 5/11-401 to 5/11-416)
  
• Mechanical Violations Equipment of Vehicles (625 ILCS 5, Chapter 12)
  
• Reckless Driving Driving While Intoxicated...and Reckless Driving (625 ILCS 5/11-500 to 5/11-505)
  
• Running a Red Light / Stop Sign Traffic Signs, Signals, and Markings (625 ILCS 5/11-301 to 5/11-313)
  
• Seat Belt / Child Restraint Violations Seat Safety Belts (scroll to 625 ILCS 5/12-603 to 5/12-603.1)
  
• Speeding Speed Restrictions (625 ILCS 5/11-601 to 5/11-611)

  We provide criminal defense for individuals who have been arrested and accused of all types of traffic violations, including but not limited to, the following:

  • Aggravated Fleeing or Attempt to Elude a Police Officer
    
  • Aggravated Reckless Driving
    
  • Aggravated Speeding (Driving 40 Miles Per Hour or More In Excess of the Speed Limit)
    
  • Drag Racing
    
  • Driving While License Suspended or Revoked (6-303)
    
  • DUI – Driving Under the Influence of Alcohol
    
  • DWI – Driving While Intoxicated
    
  • Failure to Obey a Traffic Control Device
    
  • Failure to Stop at a Stop Sign
    
  • Fleeing or Attempting to Elude a Police Officer
    
  • Improper Lane Usage
    
  • Leaving the Scene of a Property or Personal Injury Accident
    
  • Open Alcohol in Automobile
    
  • Passing a School Bus While Stop Sign is Out
    
  • Petitions to Rescind Statutory Summary Suspensions (Suspensions Resulting from DUI Arrest)
    
  • Reckless Driving
    
  • Reckless Homicide
    
  • Speeding
    
  • Speeding In a Construction Zone
    
  • Speeding In a School Zone
    
  • All Other Traffic Violations

  Traffic violations classified as misdemeanors can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately.

  The most commonly prosecuted misdemeanor traffic offenses include the following:

  • Drag Racing
    
  • Driving Under the Influence (DUI)
    
  • Driving on a Suspended or Revoked License
    
  • Fleeing or Attempting to Elude the Police
    
  • Leaving the Scene of a Property Damage Accident
    
  • Leaving the Scene of an Accident Involving Death or Injury
    
  • Reckless Driving
    
  • Speeding 40 mph or More in Excess of the Limit