License Suspension or Revocation and Driving Abstracts Lawyer Manual

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Driving abstracts

If a client’s license is revoked or suspended, and the client does not know the nature of the revocation or suspension, a Driving Abstract may be obtained from the Secretary of State (SOS) by filling out the Driving Record Abstract Request Form. There is a $12 fee plus a $1 processing fee to get a Driving Abstract. The client may mail the form (see application for instruction) or deliver the form to a driver service facility. If the form is mailed, the client will receive the driving record within 10 days. If delivered in person, the driver will receive the record the same day. If a record is requested on behalf of the client, it will take 11 to 15 days if mailed, and 10 days if delivered in person.

Mandatory revocation

This section involves revocation for conviction of certain offenses such as the following:

• Use of a motor vehicle in a felony
• Conviction of 3 reckless driving charges within 12 months
• Operation or control of a motor vehicle while under the influence of any drug or intoxicating substance
• Leaving or fleeing an accident involving injury or death
• Drag racing
• Assault with a motor vehicle or other serious offenses

Any report of the listed offenses will result in an immediate administrative revocation by the SOS. The driver can contest the revocation through an administrative hearing.

If the client can show a hardship, a restricted driving permit may be issued for some offenses, but the revocation may not be reduced or modified. Persons convicted of driving under the influence (DUI) may be required to satisfy additional conditions to receive a restricted driving permit. Revocation by the SOS is immediate upon notice of conviction. Special provisions apply to a person under 21 years of age who is convicted of offenses under 625 ILCS 5/6-205(d). Offenses, length of mandatory revocation, and suspension and reinstatement requirements are listed in the index.

Mandatory suspension

Upon notice from a municipality that an owner of a registered vehicle has failed to pay a fine or penalty resulting from 5 or more automated speed or traffic violations, or the driver is more than 14 days in default of a payment plan, the SOS must notify the owner of the intent to suspend privileges. Suspension will occur automatically unless the owner pays the fines to the municipality OR the owner requests a hearing in writing to the SOS with a payment of $20. The hearing will be limited to the issue of whether the municipality informed the driver of the tickets.

Discretionary authority

This section involves numerous lesser offenses for which a driver may have a license suspended or revoked. The SOS will notify the driver of any suspensions or revocations by U.S. mail.

Professional driving privileges may be retained if the conviction falls under §5/6-206(a)(1)-(52) after an affidavit is completed and the appropriate fee is paid. The affidavit must be completed prior to the effective date of the suspension. These offenses, the length of suspension and reinstatement requirements are listed in the index.

The period may be reduced for good cause, considering:

• Prior revocation or suspension
• Seriousness of the offense(s)
• Whether the person can demonstrate that there is a low risk for repeating the offense in the future
• Typically, reductions require extraordinary circumstances

Reinstatement

Reinstatement is not automatic and must be applied for on a form supplied by the SOS.

• A driver is eligible to apply for reinstatement upon completion of the suspension period and payment of reinstatement fee upon removal of the cause for revocation.
• Reinstatement for revocation will occur only after a hearing and a determination by the SOS that the driver will not endanger the public welfare.
• In many cases, a revoked driver is eligible to apply for reinstatement one year from the effective date of revocation except for a second arrest and conviction of DUI, leaving the scene of a reckless homicide, or a second accident involving death or bodily injury. In these cases, the mandatory revocation period is three years and upon a third conviction, six years.
• A driver under the age of 21 whose license is revoked for DUI will be eligible after a period of one year to apply for a restricted driver’s permit only. One year from this date the driver may apply for a full license. This may be granted or the SOS may extend the restricted permit for an additional 12 month period until the driver is 21.
• The Fee for reinstating a driver’s license varies from $70 to $500 based on the reason for the suspension. If unsure of the fee, consult the SOS basic fee schedule.

Note: As of July 1, 2021, The Illinois Vehicle Code is amended by changing Section 6-209.1.
No later than July 1, 2021, the Secretary shall rescind the suspension, cancellation, or prohibition of renewal of a person's driver's license that has been suspended, canceled, or whose renewal has been prohibited before July 1, 2021 due to the person having failed to pay any fine or penalty for traffic violations, automated traffic law enforcement system violations as defined in Sections 11-208.6, and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle fees.