Revocation vs. suspension Lawyer Manual

A revocation under Illinois law is, with certain exceptions discussed below, for a minimum period of one year and a maximum period that is indefinite. Reinstatement, contrary to common belief, does not occur automatically after the stated minimum mandatory period. Once a license is revoked, reinstatement will not occur until the Secretary of State, upon application and after an administrative hearing Similar to trial but less formal. It's held in front of a judge who works for a government agency. , makes a determination that to grant reinstatement will not endanger the public safety or welfare.

There are several exceptions to the 1-year minimum length of revocation stated above:

a. Persons convicted of two violations of DUI or a similar provision of a local DUI ordinance A law or rule made by a local government like a town or city , leaving the scene of an accident (involving personal injury or death), or reckless homicide The killing of one human being by another; includes willful murder and negligent homicide. , or similar out-of-state offenses, or similar offenses committed Includes juveniles in placement in the facility as part of a court order. on a military installation within a period of twenty years (using the dates of commission of the offenses) may not make application for a license for a minimum period of five years from the effective date of the most recent revocation;

b. Persons convicted of three of the above offenses may not make application for a license until after the expiration of ten years from the effective date of the most recent revocation;

c. Persons convicted of a fourth or subsequent violation of the above offenses may not make application for a license. 625 ILCS 5/6-208(b)4. (Note that in determining whether the person has a fourth or subsequent conviction When someone is declared guilty of a crime by a court , the Secretary of State may include out-of-state DUI convictions. However, the Secretary of State interprets this provision to be applicable only to those persons whose fourth or subsequent offense occurred on or after the effective date of the law, to wit, January 1, 1999.

d. Persons convicted of the offense of leaving the scene of an accident involving personal injury or death may make application for a license after the expiration of three years from the effective date of the revocation;

e. Persons convicted of the offense of reckless homicide (or aggravated DUI involving death) may make application for a license after the expiration of two years from the effective date of the revocation or after the expiration of 24 months from the date of release from imprisonment, whichever is longer. If a person is convicted of the offense of driving while license revoked and the revocation was based on a conviction of reckless homicide (or a similar provision of another state), the person may not apply for a license or permit for three years from the date of the most recent revocation.

f. Persons convicted of a third or subsequent violation of driving while revoked when the basis for the revocation was a conviction for the offense of reckless homicide or a similar provision of a law of another state may not seek reinstatement, i.e., the individual faces a lifetime revocation (625 ILCS 5/6-208(b)5). In an apparent legislative oversight, this provision does not include revocations based on the offense of aggravated DUI involving a fatality;

g. Persons under the age of 21 who have revoked licenses based on a conviction for driving under the influence The operation of any vehicle while under the influence of alcohol or narcotics. of alcohol and/or drugs may apply for restricted relief after 1 year from the date of revocation and after that reinstatement.

A suspension A temporary stop of a law may be distinguished easily from a revocation in that it automatically terminates after a designated period, not to exceed 12 months (upon payment of a reinstatement fee), unless otherwise extended for driving while license suspended or under the provisions of the Illinois summary suspension law.

Providers should remember that those who are not revoked but only suspended may, under certain circumstances may still be required to have an evaluation. Examples include those with cancelled MDDPs, those with suspensions for fraudulent IDs/licenses where the purchase or attempted purchase of alcohol was involved, suspensions for possession of alcohol by a minor A person under 18 years old , those with suspensions under the zero-tolerance law and those who are seeking relief for a suspension under the summary suspension law governing accidents involving death or personal injury.