CAN I GET TOUGHER PENALTIES FOR DUI BECAUSE MY LICENSE IS SUSPENDED?

The answer is yes, depending on why your license is suspended or revoked.

Once your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not.  A suspension is usually for a set time, while revoking your license has no end date. Either way, you may still have to jump through hoops to get your license back.

If you lose your license because of a DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your suspension is over. You might only need to pay a fee. But if you are revoked, you may have to go to a hearing and present substantial evidence.

If you do drive while your license is revoked or suspended because of an alcohol offense, the penalties for later offenses can be greater.

In People v Viverette, the defendant argued that his license could not be revoked for leaving the scene of an accident because it had already been revoked for an earlier offense. Therefore, the revocation for leaving the scene could not be used to increase the penalties for his later DUI. (The defendant in fact had 15 prior DUIs.) The court disagreed. Instead, any qualifying revocation could be used to bump the defendant’s DUI up from a misdemeanor to a felony.

Illinois law allows the state to increase a DUI to an aggravated DUI if your license was suspended or revoked based on a DUI or reckless homicide. See 625 ILCS 5/11-501(d)(1)(G).

If your license has been revoked or suspended, an attorney can help determine whether you qualify for reinstatement and how best to proceed. The Secretary of State is a tough customer. An attorney can help present the case for reinstating your license in its best possible light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)