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Legal Ramifications of Driving on a License that was Suspended or Revoked Due to DUI

Posted by attorney Ted Harvatin

Your driver’s license will be suspended on the 46th day following an arrest for DUI. The suspension will be for a period of 6 months, 12 months or 36 months, depending on your driving record and whether or not you agreed to take a breathalyzer or blood test.

Your license will be suspended for 6 months if you have not been arrested for DUI in the previous 5 years and you submitted to testing. If you refused testing, you will be suspended for 12 months. You are not eligible for any driving relief for the first 30 days of your suspension. Then you are automatically entitled to a Monitoring Device Driving Permit (MDDP).

If you have had a previous DUI within 5 years but you submitted to testing, you will be suspended for a period of 12 months, or 36 months if you did not submit to testing. You will not be entitled to an MDDP during this period. You are also not eligible for a Restricted Driving Permit (RDP) from the Illinois Secretary of State.

If you are convicted of DUI, the Illinois Secretary of State will revoke your driving privileges for 1, 5 or 10 years. This is separate from the driver’s license suspension you received for refusing or failing the breath or blood test. Unlike the suspension, which ends automatically when the time is over, you must have a successful hearing before the Secretary of State to have your revoked driving privileges reinstated.

It is a Class-4 felony to drive when your license is suspended due to a DUI. This may result in prison time and much larger fines and the Secretary of State will double your suspension period.

Driving when your license has been revoked is not a felony the first time you are arrested for driving revoked. If you are arrested for a new DUI while your driver’s license is suspended or revoked from a previous DUI, you have committed a felony. A conviction for driving on a revoked license adds a year to your revocation period. You may apply for an RDP during the period of your revocation only if your suspension has ended.

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