Driving While License Suspended(DWLS)/ Driving While License Revoked(DWLR)

Driving While License Suspended or Driving While License Revoked is a serious offense and can have serious consequences.  Your license may be suspended or revoked for a range of reasons in Illinois, such as if you:

  • Have three or more traffic convictions within 12 months

  • If you are repeatedly involved in motor vehicle collisions

  • If you caused an accident that results in injury or death

  • If you are convicted of fleeing a police officer, and

  • If you are convicted of certain offenses that occurred while you were in control of a vehicle, including certain sex crimes and drug offenses. (625 Ill. Comp. Stat. § 5/6-206)

  • If you failed to pay child support

  • If you failed to have vehicle insurance

  • If you failed to pay prior traffic tickets or parking tickets

In addition, your license can be suspended or revoked for certain offenses, including:

  • Reckless homicide (a person dies in a crash) if a vehicle was used in the offense

  • Driving under the influence of alcohol

  • Commission of a felony if a vehicle was used, or

  • Leaving the scene of an accident involving death or injury (625 Ill. Comp. Stat. § 5/6-205)

 

There are other reasons for suspensions, but those listed above are the most prevalent.

Penalties: You may be charged with a petty offense, a Class A misdemeanor, or a felony, depending on the circumstances of your charge. Your charge may be more serious if you have previous convictions for driving after suspension or revocation, or if your license was suspended or revoked for certain reasons.

In the majority of situations, you are charged with a Class A misdemeanor. (625 Ill. Comp. Stat. § 6-303(a).) The maximum penalties for a Class A misdemeanor may include up to a year in jail. (730 Ill. Comp. Stat. § 5-4.5-55(a) and (e)).

Under certain conditions, you may be charged with a petty offense, which is a less serious charge than a misdemeanor or felony. (625 Ill. Comp. Stat. § 6-601) This is not very common.

 

Under other conditions, you may be charged with a felony, the most serious category of crime in Illinois. (625 Ill. Comp. Stat. § 6-303) Examples of reasons for felony charges for driving after suspension or revocation include a specified number of previous convictions and driving while your license is revoked due to a conviction relating to reckless homicide. (625 Ill. Comp. Stat. § 6-303(b) and(d-e))  In the felony situation, time behind bars is likely.  Depending upon your circumstances, you can be charged with the following:

  • a Class 1 felony, with a sentence range between 4- 15 years behind bars;

  • a Class 2 felony, with a sentence range between 3-7 years behind bars;

  • a Class 3 felony, with a sentence range between 2-5 years behind bars; and

  • a Class 4 felony, with a sentence range between 1-3 three years behind bars.

(730 Ill. Comp. Stat. § § 5-4.5-30(a), 5-4.5-35(a), 5-4.5-40 (a), 5-4.5-45(a))

 

Minimum Sentences. In the majority of situations, you face a minimum sentence.

However, there are mandatory minimum sentences that must be imposed for certain factual situations – whether it is based upon the facts and circumstances of your charge or the amount of times you have been charged with DWLS or DWLR. 

  • For example, if you are convicted of driving after suspension or revocation, and the reason for the loss of your license was a reckless homicide conviction, you may face a minimum sentence of 30 days in jail or 300 hours of community service. (625 Ill. Comp. Stat. § 6-303(b-5))

  • Or if your license is suspended or revoked for certain other violations, including driving under the influence, you may face a minimum sentence of 10 days in jail or 30 days of community service if you are convicted of driving after suspension or revocation. (625 Ill. Comp. Stat. § 6-303(c))

  • In certain other situations, you may incur a 180-day minimum sentence. (625 Ill. Comp. Stat. § 6-303(d-3))

 

Due to the potential severity of these types of cases, you should have a highly experienced attorney to assist you.

Contact Lamp Law LLC to find out more about charges specific to your situation. 

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