How Do I Get My Driver's License Unsuspended?

Have you recently had your driver's license suspended or revoked in Illinois?

Having a suspended license can have huge ramifications on all aspects of your life, affecting your ability to work, grocery shop, drop your children off at school, or go to medical appointments.

If your licence has been revoked, you'll want it reinstated as soon as possible. But every case is different, and how, if, and when you'll get your license back depends on why it was suspended or revoked in the first place.

This guide aims to help you understand the reasoning behind a suspension and how our lawyers can get your driving privileges back.

How to Check the Status of Your Illinois Driver's License

If you're unsure about the status of your license, you'll need to obtain a copy via the Illinois Secretary of State Court Purposes Driving Abstract. You can access this from most Illinois DMV facilities for $20, or your attorney can request it on your behalf.

The driving abstract will give you the following information:

1. The status of your license: suspended or revoked.
2. The exact reasons behind the status.
3. The date you are eligible for reinstatement or a hearing.

Once you know the status of your license, you can determine the next steps required to restore your driving privileges.

What's the Difference Between Suspended and Revoked?

A suspended license is temporary, typically lasting from one month up to a year. Once the suspension period is over and you've paid a reinstatement fee, you'll be able to drive again.

A revoked license is for an indefinite period of time, terminating your driving rights. In other words, your license is gone, and there is no scheduled date when you'll get it back. To reinstate revoked licenses, you usually need to wait a year and then request a hearing with the Illinois Secretary of State (SOS).

Before you go through a hearing or pay a fine, it's important to understand why your license was suspended or revoked in the first place. All issues must be resolved before your license can be reinstated or before you become eligible for a hearing. This process can be completed with the guidance of a trusted driver's attorney.

Why Your License Could Have Been Suspended or Revoked

You can lose your license for a variety of reasons, including:

• Too many traffic tickets
• Failure to pay ticket fines
• Leaving the scene of an accident
• Failure to appear in court
• A DWLS conviction
• A DUI arrest.

Too Many Traffic Tickets

If you are over 21, your Illinois license will be suspended if you receive three violations within a 12-month period. If you are under 21, your license will be revoked after two convictions. The most common traffic violations we see are:

• Petty speeding
• Failure to yield
• Following too closely
• Running a red light
• Texting while driving
• Stop sign violations.

Your ticket will state whether or not you need to go to court or if a fine can be paid. If your traffic violation is a criminal offense, like a DUI or aggravated speeding, you'll need to seek legal guidance. This will help you determine the next steps and build up a defense.

Failure to Pay Tickets

If you are required to pay fines or fees to the court and fail to do so, the County Clerk may notify the Illinois Secretary of State of this failure. As a result, the Secretary of State will suspend your Illinois license.

You can often just pay the fine and ask that the Clerk update the SOS. That may end the suspension.

Leaving the Scene of an Accident

Leaving the scene of an accident is a serious criminal offense. Even if you weren't the one to cause the accident, you'll need to stay and offer assistance. Failing to do so could lead to a suspended license, jail time, or a large fine.

Failure to Appear in Court When Required

If you get a ticket that says "Court Appearance Required" and do not appear or send an attorney in your place, the court may enter a "Failure To Appear" on the file. The Illinois Secretary of State gets notified of this and may then suspend your license.

Suspended for a DWLS Conviction

If you're caught driving on a suspended license, you'll be charged with Driving While License Suspended (DWLS). This is a criminal offense.

If you are convicted, the Illinois Secretary of State will extend the suspension period for at least a year. With a DWLS conviction, it's unlikely that your suspension period will be reduced, as a conviction has already occurred. For this reason, it's important to retain an experienced traffic lawyer.

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A Recent DUI Arrest

A DUI results in a license suspension, which can occur under several circumstances, including:

• Over the legal limit: If you took a chemical test, such as a breathalyzer, blood test, or urine test, and were over the legal limit, your license will likely be suspended for six months.
• Refusal to take a test: If you refuse to take a chemical test, your license may be suspended for 12 months.
• Underage drinking: In Illinois, there is a zero tolerance for underage drinking and driving. One drop of alcohol in your system will see your license suspended.
• Repeat DUI: If this is not your first DUI, the suspension period may be even longer.

How to Get Your Driver's License Reinstated

If your driving license has been suspended or revoked, you're probably wondering how to get your license unsuspended and whether a revoked license can be reinstated.

There isn't a clear-cut answer.

The outcome depends on several factors, including whether it was your first offense and the reason your license was suspended or revoked.

Some ways to get your license reinstated include:

1. File a Motion to Vacate
2. Request a reinstatement hearing
3. Fix the issues that led to the suspension

It's also crucial to retain an experienced and trusted traffic lawyer to guide you through the process.

1. File a Motion to Vacate

A motion to vacate is an action that asks the judge to reopen your case. Its purpose is to get your suspension removed from your driving record and make sure it doesn't affect your insurance rates. Some examples of when a motion to vacate can be used include:

• Ticket offense: Depending on the county, the date of the offense, and the way the ticket was handled, it may be possible to file a motion to vacate the conviction. If your attorney resolves the case in a way that avoids a conviction, you have one less conviction on the record. That may place you under the threshold of suspension, thereby lifting your suspension.

• Failure to appear: Typically, the only way to fix a "Failure To Appear" is to reopen the case by filing a motion to vacate and appearing in court. Your attorney may also be able to resolve the case in a way that avoids a conviction and/or reduces fines and fees. Once the Secretary of State is notified that the "Failure To Appear" was removed from the ticket, the suspension should be lifted.

2. Reinstatement Hearings

Typically, the only way to get a revoked license reinstated is to have a successful hearing with the Illinois Secretary of State. This requires you to petition the Secretary of State and convince them to restore your license.

To have a hearing, you cannot have any pending traffic or driving-related criminal cases.

A hearing can be a very long, difficult, and detailed process. Questioning can last over an hour. You will be required to answer specific, detailed questions about your arrest(s) and your driving history.

In Illinois, there are three types of hearings: formal, informal, and out-of-state.

• Informal: A walk-in based hearing. As soon as you're eligible for license reinstatement, you and your attorney can attend a hearing without an appointment.
• Formal: For more serious offences, like repeat DUIs, you may request a formal hearing, and if accepted, pay a $50 filing fee to set it.
• Out-of-state: This applies if your Illinois license was revoked, but you live in or have moved to another state. The problem is that you cannot obtain a license in your new state because Illinois effectively has a hold on your record.

Regardless of the type of hearing you attend, there are three potential outcomes: Full Reinstatement, Denial, and Restricted Driving Permit (RDP). To help you get your license, a skilled traffic attorney can advise you on what you need and the right hearing for you.

3. Fix the Issue That Led to the Suspension or Revocation

Sometimes judges will let you fix the issues that caused your license suspension or revocation, and your license can then be reinstated. Once the issue has been resolved, your attorney will contact the Illinois Secretary of State to confirm that the requirements have been met.

Common examples include:

• DUI hearing: If your Illinois license was revoked due to a DUI conviction, you'll need an updated drug and alcohol evaluation. You must provide proof of treatment, lifestyle changes, and control of any alcohol or drug abuse problems. Essentially, you need to show that you have changed and are not at risk of committing another DUI.
• Pay a fine: In some cases, judges may allow you to pay a reinstatement fine for your offense, after which your license can be returned.

Have a Good Lawyer on Your Side

While it's possible to have a successful hearing on your own, the vast majority of cases will require a lawyer. Your lawyer will assist in the preparation, paperwork, and questioning.

To help you in your defense, Driver Defense Team's experienced lawyers will put together a tailored GamePlan:

• Your winning strategy: Winning tactics created from our 114+ years of collective experience and analysis of winning over 5,000 driving offence cases.
• Briefing. Development. Execution: We'll then put together a custom roadmap to help get your license back. Each roadmap is tailored to you.

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Suspended License Illinois: Frequently Asked Questions

Q. What steps do I need to take to get my license back?

1. Consult an experienced attorney.
2. Request your license status.
3. Discuss the next steps with your lawyer.
4. Get a tailored GamePlan from Driver Defense Team.

Q. Can a revoked license be reinstated in Illinois?

Yes, but you must complete a Secretary of State hearing and prove you are eligible to drive again.

Q. How do I get my license unsuspended in Illinois?

You must resolve the issue causing the suspension and pay the required reinstatement fee once the suspension period ends.

Q. Can I drive while waiting for reinstatement?

No. Driving with a suspended or revoked license can result in driving while license suspended or revoked charges, which can extend your suspension.

Q. Can I have a hearing with an open case?

No. The Illinois Secretary of State will not permit you to have a hearing if you have an open or pending ticket or case — or rather, they may let you have a hearing, but you will never be approved if you have a pending case.