Driving Without a Valid (or on a Suspended) License in Illinois

Illinois prohibits driving without a license or while your license is suspended. This article explains what constitutes these violations, the possible penalties, and who is exempted from the normal licensing requirements.

Driving Without a License in Illinois

Generally, every person who operates a motor vehicle on an Illinois highway must possess and be able to display a valid driver's license. (625 Ill. Comp. Stat. Ann. 5/6-101.)

Penalties for Unlicensed Driving in Illinois

Unlicensed driving is a class A misdemeanor. A class A misdemeanor conviction can result in up to one year in jail and a fine of $75 to $2500. The vehicle driven will be immediately impounded and released only to a licensed driver who shows proof of insurance. Finally, the driver will be prohibited from obtaining a license for:

• two months for a first offense
• four months for a second offense
• six months for a third offense
• 12 months for a fourth offense, and
• life for a fifth offense.

Penalties for Driving Without Having Your License in Your Possession in Illinois

Licensed drivers who do not have a license in their immediate possession can be cited for a petty offense and fined up to $500. However, a person can't be convicted of the offense if he or she had a valid license at the time of the citation and can produce evidence of such in court.

Penalties for Refusing to Show Your License to an Officer in Illinois

A driver who possesses a license but refuses an officer's request to see it can be convicted of a petty offense and faces a fine of up to $500.

Exceptions to Illinois's Driver's License Requirement

Non-resident drivers with valid driver's licenses from their home state or country can drive in the state without an Illinois license, subject to Illinois age restrictions. However, new residents to Illinois must obtain an Illinois license within 90 days. Farmers, military personnel and emergency responders are also exempt from the normal licensing requirements under certain circumstances.

Driving While Suspended or Revoked in Illinois

A person who operates a vehicle while on a license suspension or revocation will be subject to jail time, fines, and an extended driver's license suspension. The court is even authorized to immobilize the driver's vehicle or seize the license plates.

Penalties for Driving While Suspended or Revoked in Illinois

A first-offense driving while suspended or revoked is a class A misdemeanor. A conviction carries up to one year in jail and a fine of $75 to $2,500.

Penalties for Driving While Suspended Iinvolving Priors or Injuries in Illinois

Driving while suspended is a class 4 felony if the driver caused an injury accident or has any prior convictions. The convicted motorist will face one to three years in prison, a fine up to $25,000, and 100 hours of community service.

Penalties for Driving During a DUI Suspension in Illinois

A driver who was suspended for DUI (driving under the influence) will be required to serve at least ten days in jail or perform 30 days of community service. Drivers who were suspended for aggravated DUI or manslaughter must serve 30 days in jail or 300 hours of community service.

License-Related Penalties for Driving While Suspended in Illinois

Any person convicted of driving with a revoked license will have an additional year added to the revocation period. Drivers who had revocations due to DUI or manslaughter will have their license revoked for an additional three years. Any person convicted of driving while suspended will have their original suspension period doubled.

Penalties for Driving While Suspended and no Insurance in Illinois

Persons who drive with a suspended license and fail to carry required insurance face immediate vehicle impoundment. A vehicle accident without a valid license and insurance will result in vehicle forfeiture.

Talk to an Illinois Defense Attorney

Because the penalties for unlicensed driving can be quite serious, you should talk to a defense attorney if facing this type of charge. An experienced defense lawyer can advise you on the law and help you decide how best to handle your situation.