Rules of the Road

CHAPTER 8: LICENSE REVOCATION, SUSPENSION, DENIAL AND CANCELLATION

Driving privileges can be temporarily withdrawn (suspended) for a specified time period, permanently terminated (revoked) or cancelled for a variety of traffic offenses. In addition, for certain causes, the privilege to apply for a driver’s license or instruction permit can be denied to an individual under age 18 for either a six-month period or until he/she turns 18.

Revocation  |   Suspension  |   Cancellation  |   Denial  |   Special Driving Permits  |   Appearing In Court  |   Your Driving Record

Revocation

Revocation is the indefinite withdrawal of driving privileges by the Secretary of State’s office. To regain your driving privileges, you may be eligible to reapply for a license after a minimum of one year, unless otherwise noted.

Your driver’s license will be revoked if you are convicted of the following offenses:

• Reckless Homicide – Driving recklessly, resulting in the death of another person (minimum two-year revocation).
• Aggravated DUI – Causing personal injury or death as a result of a DUI; having a prior conviction of reckless homicide or aggravated DUI involving a death and committing a DUI; receiving a third or subsequent DUI conviction; committing a DUI without a valid license, permit or vehicle insurance; or committing a DUI violation while transporting children in a school bus. Minimum revocation lengths vary according to the type of offense and previous history.
• DUI – Driving under the influence of alcohol, other drugs and/or intoxicating compounds. Under age 21, minimum two years revocation for first offense. All other minimum revocation lengths vary according to previous history.
• Felony Offense – A vehicle was used while committing a serious crime.
• Leaving the Scene – Leaving the scene of a crash that killed or injured someone (minimum three-year revocation).
• Perjury – Giving false information to the Secretary of State.
• Reckless Driving – Conviction of three reckless driving offenses in 12 months.
• Drag Racing or Street Racing – Illegally racing with another vehicle.
• Reckless Conduct – Reckless behavior involving a vehicle and resulting in injury or danger to another person.
• Auto Theft – Stealing a motor vehicle or motor vehicle parts.
• Aggravated Fleeing the Police – Driving away from the police when directed to stop.
• Fraudulent ID – Making or possessing the equipment to make, sell, use, attempt to use or assist another in using an unauthorized, non-governmental issued ID or driver’s license.

The Secretary of State’s office has the authority to revoke the driver’s license of a repeat traffic offender. During the course of any revocation, your vehicle registration may be suspended. Notice is given accordingly.

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Suspension

Suspension is a temporary loss of driving privileges. When the suspension is for a specific length of time, you may regain your driving privileges after your suspension has ended and you have paid a reinstatement fee. In other cases, your driver’s license will not be returned until you meet a requirement of Illinois law.

Your driver’s license will be suspended if you are convicted of three traffic violations committed within any 12-month period. If you are under age 21 at the time of arrest, two traffic violations within any 24-month period will result in a suspension. If you are under age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. The length of the suspension varies according to the seriousness of the traffic offenses.

If your driver's license is suspended for conviction of three traffic violations within a 12-month period, you may be eligible for a probationary license. If you receive a suspension for conviction of two traffic violations in a 24-month period while under age 21, you may be eligible to receive a Restricted Driving Permit (RDP). The Secretary of State's office will notify you if you are eligible. This does not apply to commercial drivers.

Your driver’s license also may be suspended for the following:

• Traffic Crashes – Refusal or neglect to report a traffic accident.
• Failure to Yield to an Emergency Vehicle Using Audible and Visual Signals
• Speeding in a Construction Zone – Two violations of speeding in a construction zone in a two-year period.
• Failure to Yield and Proceed with Due Caution Upon Entering a Construction one When Workers are Present
• Causing an Accident in a Construction Zone – Failure to reduce speed or change lanes in a construction zone, which results in an accident.
• Uninsured Crashes – Being uninsured at the time of a crash in which you were determined to be at fault and for which you owe damages.
• Drug/Alcohol Test Failure – Failure to pass a test following a DUI arrest, revealing a blood-alcohol concentration (BAC) of .08 percent or more or any trace of cannabis, controlled drug substances or intoxicating compounds.
• Drug/Alcohol Test Refusal – Refusal to test for drugs or alcohol after being arrested for DUI in Illinois or another state.
• Illegal Transportation of Alcohol – Illegal transportation of alcohol twice in 12 months if age 21 or older.
• Drug or Sex Offense – Committing a drug or sex crime while operating or in direct physical control of an automobile.
• School Bus Violations – Failure to stop for a school bus that was picking up or dropping off children.
• Parking Violations – Failure to satisfy a warrant for 10 or more unpaid parking violations in any municipality.
• Illegal Transportation Under 21 – Illegal transportation of alcohol while under age 21.
• Fraudulent License/ID Application – Possessing, displaying or attempting to use an altered driver’s license or ID card; using another person’s license or ID card or allowing another person to use yours; or submitting a fraudulent application or allowing another person to submit your documents for a fraudulent application.
• Illegal Possession, Consumption, Attempting to Purchase Alcohol, or Accepting Alcohol as a Gift — Violating the Liquor Control Act of 1934 while under age 21.
• Failure to Appear Violations – Failure to appear for any traffic citation.
• Failure to Pay Child Support – Suspension for non-payment of child support, resulting from a court order or by direction of the Illinois Department of Healthcare and Family Services.
• Failure to Obey a Railroad-Crossing Signal – Conviction of a second violation for failure to obey a railroad-crossing signal.
• Tollway Violation – Failure to satisfy five or more toll violations and/or toll evasions.
• Unauthorized Parking in a Space Designated for Persons with Disabilities
• Mandatory Insurance Supervision Violations – Failure to file Financial Responsibility Insurance (SR-22) or receiving three or more tickets for driving without insurance.
• Theft of Motor Fuel – Dispensing motor fuel into a container or fuel tank and leaving the premises without making payment.

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Cancellation

Cancellation is the annulment or termination by formal action by the Secretary of State of a person’s driver’s license or permit because of some error or defect in the license or because the licensee is no longer entitled to such license. Reapplication for a driver’s license may be made only after the terms of the cancellation have been met. Your driver’s license may be cancelled for the following:

• Medical Condition - being medically or visually unfit to safely operate a motor vehicle; failure to submit a medical or vision report when required; failure to self-admit to a medical condition that may interfere with the safe operation of a motor vehicle.
• Reexamination Requirement - failing to appear for a required reexamination; failing a portion of the test required on a mandatory reexamination.
• Fraudulent Application - committing a fraudulent offense in the making of an application.
• Ineligible - not entitled to the license or permit.

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Denial

Denial is the temporary denial of the privilege of applying for a driver’s license and, in certain instances, an instruction permit. A denial can only be entered on the driving record of an individual under age 18 for conviction of one of the following offenses:

• Mandatory revocation of driving privileges for offenses. (View Offenses) A denial for these offenses precludes application for a driver's license or an instruction permit until the person’s 18th birthday.
• Driving without a valid driver’s license or permit (no valid license). Such a denial forbids application for a driver’s license until the person’s 18th birthday, while an application for an instruction permit is still allowed. If the person already has a driver’s license, the driving privileges granted by that license are reduced to an instruction permit.
• Serious moving violation. The length of this type of denial is either six months or until the person's 18th birthday, whichever is shorter. This denial only forbids an application for a driver’s license. Instruction permit applications are still allowed. If the person already has a driver’s license, the driving privileges granted are reduced to an instruction permit. (See Chapter 3 for more information)

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Special Driving Permits

• Restricted Driving Permit – If a motorist’s license is suspended or revoked, an RDP may be issued to drivers age 16 and older to allow limited driving privileges for employment, education or medical care. Before the Secretary of State’s office issues an RDP, it must be determined that the driver receiving the permit does not pose a threat to the safety of others on the roadway. A Statutory Summary Suspension second offender is not eligible to apply for an RDP. Eligible applicants with prior DUI suspensions or revocations must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles. For more information, contact: Secretary of State’s Administrative Hearings Department, 210 Howlett Building, Springfield, IL 62756, 217-782-3296.
• Judicial Driving Permit – A Judicial Driving Permit (JDP) permit is issued following a circuit judge's order to a first offender age 18 or older serving a statutory summary suspension following an arrest for DUI. Effective June 1, 2008, a JDP may be issued to a juvenile for a suspension or revocation resulting from involvement in criminal gang activity while operating or in use of a motor vehicle or the use of a driver’s license or permit. A JDP has the same restrictions and provisions as an RDP.
• Probationary License – A probationary license is a conditional license issued in conjunction with a driver improvement activity that grants full driving privileges during a period of suspension for drivers age 21 and over. This license can only be issued to a person suspended for receiving three moving violations in a 12-month period of time and cannot be issued for more than three months.
• Family Financial Responsibility Driving Permit – This permit is issued following a circuit judge’s order to a driver who has been suspended under the Family Financial Responsibility Law for nonpayment of court-ordered child support. The permit is only issued in cases where the court originally ordered the driver’s license suspension.

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Appearing in Court

If you receive a ticket for a minor traffic violation, you are required to post bond in the form of cash, a bond card or a valid driver’s license. If your driver’s license was posted and you pay the ticket before the first court date, your driver’s license will be returned. If you fail to pay the ticket or to appear in court, a second court date may not be automatically set. Failure to appear on the second date will result in loss of bond and/or suspension of your driver’s license until you satisfy the court. If you are under age 18 and are required to appear in court, you must have a parent/legal guardian present at the court appearance.

An Illinois driver ticketed in another state that is a member of the Non-Resident Violator Compact has two options: 1) stay in the ticketing state and argue the case or pay the fine, or 2) sign a promise to comply with the traffic ticket. This promise allows the driver to continue the journey and handle the ticket by mail from home. This courtesy also is extended to non-residents from compact member states who are ticketed in Illinois. Failure to comply with the signed promise to appear will result in suspension by the home state motor vehicle department.

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Your Driving Record

The Secretary of State keeps records of the traffic violations and accidents you accumulate while a resident of Illinois. If you are convicted of a traffic violation while driving in another state, the offense will be included on your record as though it happened in Illinois. If you are not a resident of Illinois and you are convicted of an immediate action traffic violation in Illinois, a record will be established for you in Illinois and the traffic violation also will be forwarded to your home state.

You may purchase a copy of your driving record at any Driver Services facility or by submitting a written request to: Secretary of State, Abstract Unit, 2701 S. Dirksen Pkwy., Springfield, IL 62723. There is a $12 fee, and the request must include your full name, date of birth and driver’s license number.

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This edition of the Illinois Rules of the Road is as accurate as possible at the time of publication. The manual gives drivers information on obtaining a driver’s license, driver’s license laws, traffic safety issues and general information regarding Illinois traffic laws and ordinances. The language of the Illinois Compiled Statutes is condensed and paraphrased and does not cover every law or explain every possible situation that motorists may face while operating a motor vehicle. The manual also provides highway safety information not in the law. It is intended as a tool for drivers and should not be cited as a legal authority in court.