Author: Revisions Contributed by Bernard Okitipi, CARPLS; Recent Revisions (2015) by Jacqueline Lakes
Last updated: August 2015
If a client's license is revoked or suspended and the client does not know the nature of the revocation or suspension, a Driving Abstract may be obtained from the Secretary of State (SOS) by filling out the Driving Record Abstract Request Form. There is a $12 fee to get a Driving Abstract.
The client may deliver the form to a Driver Service Facility or mail the form to:
Secretary of State, Driver Analysis Section
2701 S. Dirksen Pkwy.
Springfield, IL 62723
If the client mails the form, they will receive the driving record within 10 working days. If delivered in person, the driver will receive the record the same day.
If a record is requested on behalf of the client, it will take 11 to 15 days if you visit a Driver Services facility. If you mail the request then it will take at least 10 working days to process.
For more information, call 217-782-2720.
This section involves revocation for conviction of certain offenses such as the following:
Any report of the listed offenses will result in an immediate administrative revocation by the SOS. The driver can contest the revocation through an administrative hearing.
If a client can show hardship, a restricted driving permit may be issued for some offenses, but the revocation may not be reduced or modified. Persons convicted of driving under the influence (DUI) may be required to satisfy additional conditions to receive a restricted driving permit. 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 offenses under 625 ILCS 5/6-205(d).
Upon notice from a municipality that an owner of a registered vehicle has failed to pay a fine or penalty resulting from 10 or more "standing”, parking or compliance violations; 5 or more automated speed or traffic violations or a combination of the two; or driver is more than 14 days in default of a payment plan, the SOS must 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 $20. The hearing will be limited to the issue of whether the municipality informed the driver of the tickets.
This section involves numerous lesser offenses for which a driver may have a license suspended or revoked. The SOS will notify the driver of any suspensions or revocations by U.S. mail.
Professional driving privileges may be retained if the conviction falls under 6-206 (3 moving offenses within 12 months) after an affidavit is completed and the appropriate fee is paid. The affidavit must be completed prior to the effective date of the suspension.
The period may be reduced for good cause, considering:
Typically, reductions require extraordinary circumstances.
Reinstatement is not automatic and must be applied for on a form supplied by the SOS.
Upon notification of a determination that an accident occurred involving bodily injury or death and/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 must inform the owner and operator of the vehicle that the license will be suspended within 45 days of date of mailing the notice unless either security or liability insurance is paid. The security paid will 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.
A suspension due to security may be reinstated by proving any of the following:
Reinstatement for Safety Responsibility Suspension costs $70 (625 ILCS 5/7 - 317)
If the client's license has not been reinstated, the client may prove to the SOS by affidavit that: (1) two years have passed since the date the driver's license and registration were suspended and that no claim has been filed; or (2) if a claim has been filed, the claim has been satisfied.
The license may also be reinstated after 5 years if the SOS has not received documentation that any action has been filed.
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 will suspend the Illinois license until the resident supplies proof of compliance with the law of the other state.
"Proof of responsibility for the future" is required prior to reinstatement of persons whose license or driving privileges have been revoked or suspended following a safety responsibility suspension, unsatisfied judgment suspension, mandatory or discretionary revocation and mandatory insurance suspension. Financial Responsibility Insurance is commonly referred to as “SR-22”. It must be sent to the SOS by the driver’s insurance company and maintained for 3 years.
NOTE: An out of state resident is not required to provide “SR-22” if he or she has insurance in the new state.
Driver's licenses, registration, stickers and plates may be suspended for failure to satisfy final judgment resulting from a motor vehicle accident.
Suspension due to an unsatisfied judgement will remain in effect until:
Judgment is deemed satisfied for termination of suspension when payments credited to debtor have reached the following amounts:
Installment payment schedule set by trial court is acceptable under 625 ILCS 5/7-312 but where the payment agreement is breached, a suspension will occur.
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 by court or certification by the Illinois Department of Healthcare and Family Services (HFS).
Since the intent of the Family Financial Responsibility Law is to obtain support, an obligor may obtain a permit to drive to work, medical appointments, or drug treatment for themself or family. The obligor must prove to the satisfaction of the court that no alternative means of transportation are reasonably available. No family financial responsibility driving permit may be issued for operation of a commercial motor vehicle.
The SOS will require a form report from the circuit court clerk or HFS that the obligor has complied with the order of support before the license will be restored. Reinstatement after a Family Responsibility Suspension will cost $70.
A driver may request a formal hearing with the secretary of state under 625 ILCS 5/2-118. The scope of hearing will be limited to:
An obligor may request a hearing in court to contest the claim of non-compliance with a support order and suspension of driver's license. The hearing will be limited to:
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." If person has insurance and produces proof in court that at the time of the stop the vehicle was insured, a convinction will not occur. If person has no insurance, the driver may be sentenced to court supervision or convicted. A supervision will result in a fine of $100 and proof of insurance at the end of the supervision period. A conviction results in a fine of $500 to $1000. A 3 month driver’s license suspension will be imposed, which may be extended for an additional 6 months if the driver is convicted of a second offense while the first offense is in effect.
A reinstatement fee of $100 is required following a conviction. Three year financial responsibility insurance is required following a third or subsequent conviction before a driver’s license is reinstated.
Driving under the influence of drugs and /or alcohol is prohibited. The legal limit of alcohol in Illinois is .08. The police will request a breath, urine, blood or field sobriety test. The statute provides for implied consent under 625 ILCS 5/11-501.1.
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. For every second offense, in addition to the misdemeanor penalties, a person convicted will be mandatorily sentenced to a minimum of 5 days imprisonment or 240 hours of community service with an additional penalty. If the person was transporting a minor under age 16, they will be subject to 6 months imprisonment, a mandatory additional penalty of $1000, and 25 days community service.
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 a proper form and completed by a 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.
Aggravated DUI is a felony. A driver convicted of committing the following is in violation of Agg. DUI:
Summary suspension periods are as follows:
The arresting officer must take the actual driver's license and give a notice of statutory suspension and a receipt in exchange. The receipt will allow the driver to drive for 46 days and on the 46th day after the notice was given, the suspension automatically takes effect. Confirmation of suspension is sent to driver. The arresting officer must warn the driver that refusal to submit to the test will result in a summary suspension.
Special rules apply if the driver was under 21 years of age. No amount of drugs or alcohol is allowed in an underage driver's system (zero tolerance). See 625 ILCS 5/11-501.8 for suspension information. Restoration of license is covered by 625 ILCS 5/6-208.2.
625 ILCS 5/6 - 208.1
The driver is eligible for reinstatement after the summary suspension period and payment of the reinstatement fee which ranges from $250 to $500.
625 ILCS 5/6-208.1
A driver arrested for DUI involving an accident that caused personal injury or death to another must submit to testing; refusal will result in the revocation of the driver’s license.
625 ILCS 5/6-208.1
Reinstatement after a revocation can only be made through an administrative formal hearing with the SOSafter a year and showing proof of financial responsibility and payment of reinstatement fee.
The driver may file a motion in court to rescind the summary suspension or revocation. The SOS must notify the driver of their right to a court hearing if a written request for hearing is filed within 90 days after the service of notice of summary suspension or revocation.
The scope of hearing shall be limited to the following:
Hearings may be formal or informal.
In a drug-or alcohol-related case, a hearing officer will speak to the petitioner at selected offices. The officer will inform the petitioner what is needed to get their license back and the officer will give petitioner the necessary forms. This is a recommended prerequisite to both formal and informal hearings.
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. The 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.
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. The petitioner must show by clear and convincing evidence that relief should be granted. The request for a formal hearing must be made in writing to the facility where the hearing will be held. Any adverse decision may be appealed to the circuit court.
A driver whose license is suspended or revoked and is not eligible for reinstatement may apply for a driving permit. The different types of driving permits are listed and described below.
NOTE: The permit is known by the public as a "hardship license."
Every offender whose driving privileges are suspended or revoked is eligible for a Restricted Driving Permit (RDP) subject to the limitations listed below. An RDP is issued for limited driving for employment, educational or medical care for driver or driver's household member and for alcohol treatment for driver. The RDP will state the days and hours that client may drive.
For an RDP application to be approved, the driver must show or agree to the following:
In addition to the above requirements, a driver whose license is suspended or revoked for DUI is subject to the following requirements:
NOTE: a) It is a crime to tamper with an ignition interlock device or to solicit another person to blow into the device. b) BAIID is not required if the client drives his employer owned vehicle.
625 ILCS 5/6-206.1
Monitoring Device Driving Permit (MDDP) is not restricted for employment, medical or educational purpose. Driver may drive at any time and for any purpose. With MDDP, a BAIID is installed in the vehicle to monitor the driver. It requires the driver to pass a breath alcohol test before the ignition will engage and start the vehicle. The SOS will send notice to driver on how to apply for MDDP and right to decline MDDP in court.
Exemptions: If client must drive an employer-owned vehicle as part of his employment, client may seek permission from SOS to drive such vehicle without an ignition interlock device. [625 ILCS 5/6-206.1(a-2)]
NOTE: a) This exemption does not apply for driving school bus, school vehicle or vehicle used to transport more than 15 passengers; b) Driver cannot use this exemption if the company is owned by client or his or her family member; c) Exempted vehicle may not be driven for more than 12 hours per day, 6 days per week.
A probationary license may be issued where a person’s driver’s license is suspended for 3 or more moving violation in a 12 month period, driving without a license, or driving outside license classification. The driver’s license must be otherwise valid and driver must be 21 years or older. Generally, the license is issued as part of a defensive driving course.
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