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Could Traffic Violations Cost Me My Driver’s License?
In Illinois, driver’s licenses are issued and managed by the Office of the Secretary of State. The law gives the Secretary’s office to impose suspensions and revocations for offenses such as driving under the influence and refusing a blood-alcohol content (BAC) test incident to a DUI arrest. A suspension may apply in other situations as well, including the use of a fake ID, underage drinking, and failing to pay court-ordered child support. However, even the most seemingly basic traffic violations could result in the suspension of your license, depending on your driving history.
Moving Violations
The Illinois Vehicle Code, along with the Office of the Secretary of State, maintains a list of traffic offenses that are considered “moving violations.” The list includes most of the offenses you would expect, such as:
Alcohol and Drug Evaluations and Risk Assessments
When you have been convicted on charges of driving under the influence of alcohol or drugs, there are a many considerations that could influence the severity of your sentence and your ability to drive again in the future. In most situations, the penalties for a DUI conviction will include the revocation of your driving privileges for at least one year for first-time offenders, with much longer revocations possible for repeat offenders. Once your driver’s license has been revoked, it is possible to get your license reinstated, but getting back on the road can be long, tough journey with many requirements with which you must comply.
DUI Evaluations
Before you can qualify for license reinstatement—or even for a restricted driving permit—you will be required to undergo an alcohol and drug evaluation with an approved, licensed provider. The purpose of the evaluation is to analyze your use or dependence on alcohol or drugs and to establish the risk—if any—you present to public safety. Your evaluation will include:
Formal and Informal Hearings for Driver’s License Reinstatement
Under Illinois law, driving is not a guaranteed right that all citizens automatically have. It is a privilege that can be suspended or revoked if necessary. There are several different situations that could lead to the loss of your driving privileges in Illinois, including as the result of driving under the influence (DUI). If your license has been revoked or suspended in relation to a failed or refused BAC test or a DUI conviction, you are required to participate in an administrative hearing before your license can be reinstated.
The Illinois Secretary of State’s Office is responsible for virtually all matters related to driver’s licenses in Illinois, including reinstatement hearings. Such hearings may be formal or informal, and the type that you must attend will depend on the circumstances that led to you losing your driving privileges.
The MDDP Program Could Put You Back on the Road During Your License Suspension
Under Illinois law, there are a number of reasons for which your driver’s license could be suspended or revoked. You could lose your driving privileges for accumulating too many traffic violations, failing to appear in court, failing to pay child support, or using a fake ID. Each year, thousands of Illinois residents also have their licenses suspended or revoked as a result of a DUI conviction. Fortunately, a license suspension related to a DUI offense does not always mean that the driver must stay completely off the road. Thanks to a specific type of driving relief program, first-time DUI offenders are usually able to get back behind the wheel legally while their license is technically suspended.
Monitoring Device Driving Permit
The state of Illinois recognizes how important the ability to drive is for most individuals. Depending on where a person lives and works, a license suspension could make it nearly impossible for that person to get to and from their job and to provide for themselves and their families. While driving is a privilege and suspension is meant to be a punishment and a deterrent, it does not serve the public well to ruin an offender’s life over a one-time lapse in judgment.
Proposed Law Would Eliminate Many Possible License Suspensions
Illinois is a largely a commuter state. While public transportation is accessible in the greater Chicago area, an estimated 80 percent of the state’s residents drive their own vehicle to and from work every day. This means that a valid driver’s license is a critical component of maintaining employment. Some people would even argue that a valid license is as important as work-related experience and skills.
Ways You Could Lose Your License
You probably realize that you could lose your driving privileges as a result of certain behaviors, such as accumulating too many moving violations in a short time or driving under the influence of alcohol or drugs. There are, however, many other ways in which your license could be suspended, including failure to pay child support, failure to appear in court, and unpaid parking tickets.
Refusing a BAC Test Could Cost You Your License
When you get behind the wheel of a car or truck on Illinois roadways, you have certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and the public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. With that in mind, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing if you are ever arrested on suspicion of driving under the influence. If you are asked to submit to a BAC test including breathalyzer testing, following a DUI arrest, refusing to cooperate will cost you your driving privileges.
Separate From Criminal Prosecution
How Texting While Driving Could Lead to License Suspensions
For many years, safety groups and even cell phone carriers themselves have been reminding drivers to put their phones down while behind the wheel. The public, it seems, is not heeding the warnings. Thanks to a recently-passed law, however, Illinois drivers who insist on using their cell phones illegally could ultimately have their driving privileges suspended, even for a first offense. If you have trouble with cell phone distractions while driving, it is important to know how your life could be affected.
Dismal Numbers
A recent survey conducted by State Farm suggests that attitudes regarding cell phone use while driving are quite casual and, in many cases, downright dangerous. More than 80 percent of the survey’s respondents acknowledged that talking on a hand-held phone while driving was dangerous, but half admitted to using a hand-held cell phone behind the wheel. A full 95 percent of participants said that texting while driving was distracting, but 35 percent text anyway.
Reinstating Your Driver’s License After a Suspension
If you have been charged with drunk driving, reckless driving, or any other moving violation that resulted in the suspension of your driver’s license, your day-to-day life was probably affected quite severely. Not only will a person whose driver’s license is suspended need to make alternative travel plans but also will need to begin the long process of driver’s license reinstatement. There are several things you should know about this process before you begin it, that can make it easier and progress more smoothly. The first is that it is much easier handled with the assistance of a qualified legal professional.
Bureaucracy and Fees
Even working with an attorney, driver’s license reinstatement is a costly process often means significant time spent wading through bureaucratic red tape. No matter the offense for which the license was suspended, the driver will first be subject to a $250 reinstatement fee paid to the Secretary of State. A portion of this—$30—goes to the Department of Health and Human Services to help cover the cost of alcohol and substance abuse programs for repeat driving offenders. If you are one of these repeat offenders, the fine is doubled to have your license reinstated; that is, if you have had your license suspended before, again, for any reason, not just alcohol-related charges, you will be subject to a $500 reinstatement fee. In this case, $60 of the fee is allocated for drunk and drugged driving prevention programs.
Understanding Driver’s License Suspensions and Revocations in Illinois
It is a privilege to operate a motor vehicle on the streets and highways of Illinois. Because it is a privilege and not a right, the state has the authority to suspend or revoke a person’s driving privileges if that person commits certain offenses. In Illinois, this authority is maintained by the Secretary of State. If you currently hold an Illinois driver’s license, it is up to you know what types of infractions that could lead to you losing your ability to drive and how to get your driving privileges back.
Suspensions vs. Revocations
When your driver’s license is suspended, your ability to drive legally is taken away for a time. Most suspensions last up to one year, but there are cases in which a suspension may be longer. In some cases, your driving privileges may be suspended until you pay certain fines or meet other obligations. It is understood that you will generally have your driving privileges restored once the suspension is lifted. You will likely need to pay a reinstatement fee.
Driving Relief Programs in Illinois
If you have had your driving privileges suspended or revoked as the result of a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with keeping your job, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit, either of which may allow you to resume some of your normal activities.
Monitoring Device Driving Permits
The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID).
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