Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.25 - Suspension or Revocation for Driving Without a Valid Driver's License

Current through Register Vol. 48, No. 28, July 12, 2024
a) When considering
			 prior convictions, only convictions for driving without a valid driver's
			 license within seven years prior to the arrest date of the incoming conviction
			 shall be considered.
b) Only those
			 suspensions or revocations cleared within seven years prior to the effective
			 date of the forthcoming suspension or revocation shall be considered as prior
			 suspensions or revocations. Cleared miscellaneous suspensions shall not be
			 considered prior suspensions for purposes of this Section.
c) Miscellaneous suspensions that have not
			 been cleared shall be counted as a prior suspension if the arrest date of the
			 conviction for driving without a valid license occurred after the effective
			 date of the miscellaneous suspension and if the miscellaneous suspension is in
			 full force and effect upon entry of the suspension or revocation for driving
			 without a valid driver's license.
d) A person shall have his/her driving
			 privileges suspended or revoked by the Department if he/she is convicted of
			 driving without a valid driver's license and has not been issued a valid
			 Illinois driver's license on or prior to the date of conviction for the
			 violation of driving without a valid license.
e) If a person has no prior suspension or
			 revocation and a conviction for driving without a valid driver's license, the
			 Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th Conviction
12-month Suspension
5th or subsequent
						  Conviction
Revocation
f) If
			 a person has one prior suspension or revocation (excluding miscellaneous
			 suspensions) and a conviction for driving without a valid driver's license, the
			 Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or subsequent
						  Conviction
Revocation
g) If
			 a person has two prior suspensions or revocations or any combination thereof
			 (excluding miscellaneous suspensions) and a conviction for driving without a
			 valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent
						  Conviction
Revocation
h) If
			 a person has three prior suspensions or revocations or any combination thereof
			 (excluding miscellaneous suspensions) and a conviction for driving without a
			 valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or subsequent
						  Conviction
Revocation
i) If
			 a person has four or more prior suspensions or revocations or any combination
			 thereof (excluding miscellaneous suspensions) and a conviction for driving
			 without a valid driver's license, the Department shall enter an order of
			 revocation.
j) If a conviction for
			 driving without a valid driver's license shows an arrest date during a period
			 of revocation that is in effect, the revocation shall be extended for one year
			 from the date of the conviction or one year from the latest projected
			 eligibility date on record whichever is the longer period of time. If a
			 conviction for driving without a valid driver's license shows an arrest date
			 during a period of suspension (excluding all miscellaneous suspensions except
			 curfew and night time driving restriction suspensions) that is still in effect,
			 the suspension shall be extended for the same amount of time as the originally
			 imposed suspension in accordance with IVC Section 6-303.
k) If a person has a miscellaneous suspension
			 (excluding curfew and night time driving restriction suspensions) that is in
			 effect, has no prior suspensions or revocations and a conviction for driving
			 without a valid driver's license, with an arrest date during the miscellaneous
			 suspension, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or subsequent
						  Conviction
Revocation
l) If
			 a person has a miscellaneous suspension (excluding curfew and night time
			 driving restriction suspensions) that is in effect, has one prior suspension or
			 revocation and a conviction for driving without a valid driver's license, with
			 an arrest date during the miscellaneous suspension, the Department shall take
			 action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent
						  Conviction
Revocation
m) If
			 a person has a miscellaneous suspension (excluding curfew and night time
			 driving restriction suspensions) that is in effect, has two prior suspensions
			 or revocations or any combination thereof and a conviction for driving without
			 a valid driver's license, with an arrest date during the miscellaneous
			 suspension, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or subsequent
						  Conviction
Revocation
n) If
			 a person has a miscellaneous suspension (excluding curfew and night time
			 driving restriction suspensions) that is in effect, has three or more prior
			 suspensions or revocations or any combination thereof and a conviction for
			 driving without a valid driver's license, with an arrest date during the
			 miscellaneous suspension, the Department shall enter an order of
			 revocation.
o) If a person has a
			 suspension in effect pursuant to IVC Section 6-206(a)(19) or (a)(6) and
			 receives a subsequent conviction for driving without a valid driver's license,
			 the suspension shall be amended in accordance with the guidelines of this
			 Section.