Penalties for a DUI on a Suspended License in Illinois

a car key in a glass of whiskey
February 28, 2024
DUI

DUI with a suspended license in Illinois has severe consequences. Punishment severity depends on the offense and past traffic violation convictions.

Punishments can include fines, days of community service, loss of driving privileges, or jail time.

  • First-time offenders can get a minimum jail sentence of one year and $2,500 in fines. Refusing a chemical test adds three years to a driving record suspension.
  • Second or third offenses can equal a three-to-seven years minimum term prison sentence, $25,000 in traffic offense fines, and the statutory summary suspension of a driving license for five years.
  • Reckless homicide offenders may need substance abuse evaluation, treatment programs, and victim impact panels. They also face license charges and administrative penalties.

If convicted, during the allocated period of time offenders should complete all punishments, participate in rehab programs, use a device driving permit, and show proof of abstinence from alcohol while driving. The Law Offices of Peter A Buh has highly experienced suspended license attorneys who can help you with your case. Get started by calling us at 708-274-4499.

What is a Suspended License?

A license revocation is a penalty enforced by the state for breaking driving regulations and traffic laws, including being found by a police officer operating a vehicle with a blood alcohol content higher than the legal limit.

During the suspension period, the individual is not permitted by law to drive a motor vehicle. The suspension can be lifted once the driver has met specific requirements, including paying fines, serving a term of imprisonment in the county jail, and completing a court-ordered community service program.

The length of suspension for driving under the influence of alcohol or drugs depends on the severity of the traffic conviction or any subsequent convictions and can range from a few weeks to several years.

Automatic License Suspension

According to the law in Illinois, individuals who are convicted of driving under the influence of drugs or alcohol during their restricted driving permit period will face additional penalties, such as an extended suspension period and possible months in jail, hefty fines, compulsory attendance at alcohol treatment programs, and other punishments.

Length of Suspension

The suspension length for driving under the influence of alcohol and drugs on a suspended license in Illinois is determined by various factors. The primary factor is whether it's a first-time offense or a subsequent violation.

First-time offenses result in a minimum 12-month suspension, while subsequent violations lead to a 36-month suspension. The court also considers prior traffic tickets, class A misdemeanor offenses, drug offenses, sex crimes, petty offenses, or felony offenses to determine the suspension length.

Requirements for Reinstatement

If someone drives with an alcohol concentration level above the legal limit, they may face a suspension of their valid license. To reinstate their license, they must complete specific requirements such as fines, treatment programs, court fees, and the allocated hours of community service.

a bottle of alcohol, glass, and car keys on a counter

First, complete all court-ordered requirements. Then, pay fines, license reinstatement fees, and charges for the DUI offense. A drug or alcohol evaluation or treatment program may also be necessary.

Penalties for DUI With a Suspended License Are Considered Criminal Offenses

Driving with a suspended license and driving with a blood alcohol concentration level over the legal limit while the license is suspended are criminal offenses in Illinois, and may result in criminal charges. Penalties vary depending on the severity of the offense and the number of misdemeanor violations.

First-time offenders can expect up to a 364-day prison sentence and fines of up to $2,500. Second and subsequent offenses that result in a motor vehicle accident can result in up to 7 years in prison, having a breath alcohol ignition interlock device installed, heavy fines, and an additional license revocation period.

Convicted individuals with a DUI-related suspension may also face another wide range of consequences such as damaged reputations and difficulty finding employment, loans, or insurance. These consequences can go well beyond the period of license suspension and can hurt an individual's life and persist beyond the suspension period.

Minimum Sentences/Penalties

In Illinois, driving with a suspended or revoked license offense while under the influence (DUI) has severe penalties. A conviction for this crime means a mandatory minimum sentence of 5 days in jail and fines of up to $2,500. The offender's license privileges may also be revoked for an additional year beyond the original suspension period. A third conviction results in even harsher punishments, including up to 7 years of mandatory jail time and fines of up to $25,000.

In addition to criminal penalties, the offender may have to complete an alcohol or drug evaluation and treatment program and be subject to other restrictions like an ignition interlock device or a restricted license.

Maximum Sentences/Penalties

In Illinois, a DUI on a suspended license carries severe consequences, including potential imprisonment, monetary fines, and further suspension of driving privileges. The state enforces maximum penalties for this offense.

In Illinois, individuals convicted of DUI on a suspended license may receive a sentence of up to 364 days in jail for a first-time offense, and up to 7 years in prison for a second or subsequent petty traffic offense.

The penalties for driving under the influence on a suspended license vary from $1,000 up to $25,000 and are influenced by specific circumstances and prior convictions.

If someone is convicted of driving with a blood alcohol level above the legal limit while driving with a suspended license, their license permit privileges may be suspended for an extended period of one year beyond the initial suspension.

Call an Experienced Attorney Today at The Law Offices of Peter A Buh!

If you are caught driving with a blood alcohol content level above the legal limit during a license suspension in Illinois, seek help from a traffic attorney right away. This may result in serious legal consequences such as fines, jail time, and loss of license.

An experienced traffic attorney can protect your rights, review your case, and explain possible penalties and defenses. Contact The Law Offices of Peter A Buh today for a free consultation about our license reinstatement services with our experienced license attorneys.