Chicago Criminal Lawyer Blog
Driving with a suspended or revoked license in Illinois is a serious offense, but when combined with a DUI charge, the consequences become even more severe. A DUI while driving on a suspended or revoked license can result in felony charges, mandatory jail time, substantial fines, and an extended license revocation period.
If convicted, you may face a permanent loss of driving privileges, making it nearly impossible to reinstate your license. Additionally, because Illinois courts and prosecutors take repeat DUI and driving violations seriously, judges impose harsher penalties for these offenses.
At The Law Offices of David L. Freidberg, we understand that many people facing DUI while driving on a suspended or revoked license charges did not intentionally break the law but are caught in a difficult legal situation. Whether your suspension was due to a prior DUI, unpaid fines, or a clerical error, you need a skilled DUI defense attorney to fight these charges and protect your future.
Understanding DUI Laws in Illinois When Driving on a Suspended or Revoked License
In Illinois, it is illegal to operate a motor vehicle with any measurable amount of alcohol or drugs in your system if it impairs your ability to drive. A DUI while driving on a suspended or revoked license results in automatic felony charges, regardless of whether it is your first DUI offense.
Under 625 ILCS 5/6-303, driving with a suspended or revoked license is typically a Class A misdemeanor, carrying up to one year in jail and fines of up to $2,500. However, if your license suspension was due to a prior DUI, the charge is elevated to a Class 4 felony, punishable by 1 to 3 years in prison and a mandatory extended license revocation.
Under 625 ILCS 5/11-501, a DUI conviction results in additional penalties, including:
- A minimum of 10 days in jail or 240 hours of community service for a second DUI offense.
- Mandatory installation of an ignition interlock device (BAIID) for a restricted driving permit.
- Permanent revocation for multiple DUI convictions.
If you are charged with both DUI and driving on a suspended or revoked license, the court may stack penalties, leading to significantly longer jail sentences, steeper fines, and a lifetime ban on license reinstatement.
Common Reasons for License Suspensions and Revocations in Illinois
Drivers in Illinois can lose their driving privileges for multiple reasons, including:
- Prior DUI convictions (even if you completed all court requirements).
- Refusing a breathalyzer test (automatic suspension under Illinois’ implied consent law).
- Unpaid traffic fines, child support, or court fees.
- Excessive traffic violations (three or more moving violations within 12 months).
- Driving without valid insurance or being involved in an accident without proof of coverage.
If your license was suspended or revoked for any of these reasons and you were arrested for DUI, the legal penalties will be significantly harsher than a standard DUI case.
Criminal Penalties for DUI While Driving on a Suspended or Revoked License
First-Time DUI on a Suspended License
If your license was suspended at the time of your first DUI arrest, you will face:
- Class 4 felony charges.
- Mandatory minimum of 30 days in jail or 300 hours of community service.
- Fines up to $25,000.
- Additional license suspension for up to 5 years.
Second DUI While Driving on a Suspended or Revoked License
A second DUI while driving on a suspended or revoked license results in:
- Class 3 felony charges.
- Mandatory minimum of 90 days in jail.
- Prison sentence of 2 to 5 years.
- Permanent license revocation.
If your first DUI resulted in bodily injury or death, the second offense may lead to aggravated DUI charges, which carry up to 7 years in prison.
Third DUI While Driving on a Suspended or Revoked License
A third or subsequent DUI while driving on a revoked or suspended license is classified as a Class 2 felony, with penalties including:
- 3 to 7 years in prison.
- Fines up to $25,000.
- Permanent loss of driving privileges.
Even if you are eligible for license reinstatement, a third DUI makes it almost impossible to regain driving privileges.
Additional Consequences of a DUI While Driving on a Suspended or Revoked License
Vehicle Seizure and Forfeiture
Under Illinois law, law enforcement can impound or seize your vehicle if you are arrested for DUI with a suspended or revoked license. If convicted, your vehicle may be permanently forfeited, even if you rely on it for work or family transportation.
Employment Consequences
Many jobs require a valid driver’s license, and a DUI with a suspended license conviction can make it difficult to find or keep employment. CDL (Commercial Driver’s License) holders, delivery drivers, and professionals who drive for work may lose their jobs permanently.
Higher Insurance Costs
A DUI conviction will increase your car insurance rates dramatically. Some insurers will refuse to cover high-risk drivers, forcing you to seek SR-22 insurance, which is significantly more expensive.
Legal Defenses Against DUI While Driving on a Suspended or Revoked License
Lack of Probable Cause for the Traffic Stop
Law enforcement must have a valid reason to stop your vehicle. If an officer did not have probable cause, any evidence gathered after the stop may be inadmissible in court.
Improperly Conducted Field Sobriety or Breathalyzer Tests
Breathalyzer tests must be properly calibrated and administered by a trained officer. If there were errors in testing procedures, the BAC results may be challenged and excluded from evidence.
Unlawful License Suspension or Clerical Errors
In some cases, a driver may not have known their license was suspended due to a clerical error or lack of notification. If you were unaware of the suspension, your defense attorney may argue that the charge should be reduced or dismissed.
Negotiating for Reduced Charges
If there were no injuries or property damage, an experienced attorney may negotiate for:
- A plea to reckless driving instead of DUI.
- Avoiding felony charges by proving mitigating circumstances.
- A shorter license suspension or community service instead of jail time.
At The Law Offices of David L. Freidberg, we aggressively fight DUI while driving on a suspended or revoked license charges, ensuring that our clients receive the best possible outcome in their case.
Why You Need a DUI Defense Attorney
A DUI while driving on a suspended or revoked license is one of the most serious traffic offenses in Illinois. Without an experienced DUI defense lawyer, you risk lengthy prison time, massive fines, and a permanent loss of driving privileges.
At The Law Offices of David L. Freidberg, we fight to:
- Challenge unlawful arrests and improper police procedures.
- Negotiate reduced charges or alternative sentencing options.
- Avoid mandatory jail time and permanent license revocation.
If you are facing DUI charges while driving on a suspended or revoked license, call us today for a free consultation.
Call The Law Offices of David L. Freidberg for DUI Hit-And-Run Defense Today
If you are facing a DUI charge in Chicago, you need an aggressive legal defense. Illinois prosecutors pursue these cases aggressively, and the penalties for a conviction can be devastating. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.
