Operation of uninsured vehicle
- Any person who fails to produce proof of adequate insurance to an officer of law when it is requested is "deemed to be operating an uninsured vehicle".
- If person has insurance and produces proof in court that at the time of the stop the vehicle was insured, a conviction will not occur.
- If person has no insurance, driver may be sentenced to court supervision or convicted.
- A supervision will result in a fine of $100 and proof of insurance at the end of the supervision period 625 ILCS 5/3-707(c-5).
- A conviction results in a fine of $500 to $1000. A 3 month driver’s license suspension will be imposed which may be extended for an additional 6 months if the driver is convicted of a second offense while the first offense is in effect 625 ILCS 5/3-707(c-1).
Reinstatement
A reinstatement fee of $100 is required following a conviction. Three year financial responsibility insurance is required following a third or subsequent conviction before a driver’s license is reinstated. 625 ILCS 5/3-707(d).
Driving under the influence of drugs / alcohol (DUI)
- Driving under the influence of drugs and / or alcohol is prohibited. The legal limit of alcohol in Illinois is .08. The police will request a breath, urine, blood or field sobriety test. This is the implied consent law 625 ILCS 5/11-501.1.
- Most convictions under this statute are a Class A misdemeanor (up to 1 year in jail) and have additional penalties under this section if party was transporting a minor under the age of 16.
- For every second offense, in addition to the misdemeanor penalties, a person convicted will be mandatorily sentenced to a minimum of 5 days imprisonment or 240 hours of community service with an additional penalty.
- If the person was transporting a minor under the age of 16, person is subject to 6 months imprisonment, a mandatory additional penalty of $1000 and 25 days community service.
- After a finding of guilt but before sentencing, a professional evaluation of the extent of the driver's substance abuse will be made. The cost will be paid by the individual evaluated.
- The evaluation is the most important evidence in any hearing concerning the client's driver's license and must be done well. Deficiencies in the content of the evaluation, whether due to the negligence of the petitioner in giving sufficient information to the evaluator or in the way in which the evaluation was written, may result in denial of a petition to reinstate. For example, copies of previous recommendations and issues raised in earlier hearings must be addressed in the evaluation. Evaluation must be on a proper form and completed by a state-qualified examiner. The evaluation must have been completed within 6 months of the hearing date. If at all possible, the client should have an attorney examine the evaluation to make sure it is sufficient. If possible, an attorney should represent the client at the hearing. A current evaluation will also be needed if the client applies for a judicial driving permit.
Aggravated Driving Under the Influence (Agg. DUI)
Aggravated DUI is a felony. A driver convicted of committing the following is in violation of Agg. DUI:
- A third or subsequent DUI
- DUI while driving a school bus with one or more persons on board
- DUI involving a motor vehicle accident that resulted in great bodily harm
- A second DUI if the driver has been previously convicted of reckless homicide involving alcohol or drugs
- DUI involving a motor vehicle accident in a school speed zone
- DUI that resulted in death of another person
- DUI while not possessing a driver’s license or restricted driving permit or monitoring device driving permit
- A second DUI while transporting a person under the age of 16
Note: Effective July 1, 2018, a driver who is convicted of a DUI while driving in the opposite direction of a one-way street will be in violation of Agg. DUI.
Statutory summary suspension
Summary suspension periods are as follows:
- 6 months- Driver took the test but failed (over .08 alcohol or drugs in blood or urine)
- 1 year- Driver refused to take test and there was no accident resulting in personal injury or death of another
- 1 year- Driver took the test but failed and is not a first time offender
- 3 years- Driver refused to take the test and is not a first time offender
The arresting officer must take the actual driver's license and give a notice of statutory suspension and a receipt in exchange. The receipt will allow the driver to drive for 46 days and on the 46th day after the notice was given, the suspension automatically takes effect. Confirmation of suspension is sent to driver. The arresting officer must warn the driver that refusal to submit to the test will result in a summary suspension.
Special rules apply if the driver was under 21 years of age. No amount of drugs or alcohol is allowed in an underage driver's system (zero tolerance). See 625 ILCS 5/11-501.8 for suspension information. Restoration of license is covered by 625 ILCS 5/6-208.2.
Reinstatement
625 ILCS 5/1-197.5
Driver is eligible for reinstatement after the summary suspension period and payment of the reinstatement fee which ranges from $250 to $500.
Statutory summary revocation
625 ILCS 5/6-208.1
A driver arrested for DUI involving an accident that caused personal injury or death to another must submit to testing; refusal will result in the revocation of the driver’s license.
Reinstatement
625 ILCS 5/1-197.6; 625 ILCS 5/6-208.1(a-1)
Reinstatement after a revocation can only be made through an administrative formal hearing with the SOS after a year and showing proof of financial responsibility and payment of reinstatement fee.
Opportunity for hearing (to rescind)
Driver may file a motion in court to rescind the summary suspension or revocation. The SOS must notify driver of a right to a court hearing if a written request for hearing is filed within 90 days after the service of notice of summary suspension or revocation. The scope of hearing will be limited to the following:
- Whether person was in fact arrested for DUI
- Whether officer had reasonable cause to believe that the person arrested was in control of a motor vehicle while under the influence of drugs or alcohol
- Whether the person refused to submit to test after being informed of rights, or the test, if taken, showed blood alcohol content of 0.08 or above
- Whether the person was warned by the officer that his or her license will be suspended or revoked if the person refused to submit to the test
- If license was revoked, whether person was involved in a motor vehicle accident that resulted in personal injury or death of another
SOS Hearings
Hearings may be formal or informal. The type of hearing required is listed in the index along with the violation.
Consultation
In a drug-or alcohol-related case, a hearing officer will speak to petitioner at selected offices. The officer will inform the petitioner what is needed to get the license back, and officer will give petitioner the necessary forms. This is a recommended prerequisite to both formal and informal hearings.
Informal Hearing
These conferences are a creation of the SOS and not the statute. The hearing takes place at the local SOS facility and does not usually require an appointment. A petitioner may submit proof and the hearing officer will examine the proof and interview the petitioner. Counsel may represent the client. The hearing officer forwards a recommendation to the SOS. Unless the denial states otherwise, the petitioner is entitled to another hearing in 30 days.
Formal Hearing
Similar to an informal hearing but SOS attorney presents evidence and may cross-examine the petitioner and witnesses. The petitioner is entitled to due process but the technical rules of evidence do not apply. Petitioner must show by clear and convincing evidence that relief should be granted. The request for a formal hearing must be made in writing to the facility where the hearing will be held. Any adverse decision may be appealed to the circuit court.
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