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When you are issued an Illinois driver’s license, it comes with certain obligations, such as following the rules of the road and consenting to a chemical breath or blood test if you are arrested on suspicion of driving under the influence (DUI). In addition to these basic rules, you are also agreeing to use your license appropriately. If you violate this law, you could be charged with a criminal offense.
Unlawful use of a license may arise in a number of ways, such as lending your driver’s license to another person or pulling out your suspended or revoked license as authorization to drive. If you are cited for a violation of this law, you can’t just pay a fine and move on, as you might with another moving violation. Instead, you’ll be facing criminal charges and may even lose your driving privileges.
Unlawful use of a license is a misdemeanor offense under Illinois law. This means that if you are convicted of this offense, you could be sentenced to jail time — and you will also have a criminal record.
What is unlawful use of a license?
Under the Illinois Vehicle Code, it is illegal to use your driver’s license or permit in certain ways. Specifically, you can be charged with unlawful use of a license if you:
- Display or cause to be displayed, or have in your possession any canceled, revoked, or suspended license or permit
- Lend your license or permit to another person, or knowingly allow someone else to use your license or permit
- Display or represent someone else’s license or permit as your own
- Fail or refuse to surrender your driver’s license or permit to the Illinois Secretary of State after an order of suspension, revocation, or cancellation
- Allow any unlawful use of your license or permit
- Take a driver’s license (or permit) exam for someone else, or have another person take your driver’s license (or permit) exam
Penalties for unlawful use of a license
Under Illinois law, unlawful use of a license is a Class A misdemeanor. If you are convicted of a Class A misdemeanor, you could be sentenced to up to 364 days in jail, probation, and a fine of up to $2,500, plus court costs and related fees.
The specific law related to unlawful use of a license provides that a judge is required to sentence a person convicted of this offense to a minimum fine of $500 or 50 hours of community service. In addition, a person convicted of this crime shall be sentenced to no less than 7 days in jail.
If you have one or more prior convictions for unlawful use of a license, this offense can be charged as a Class 4 felony. The penalty for this crime is between 1 and 3 years in jail, probation, and a fine of up to $25,000.
Can I get court supervision for unlawful use of license?
Depending on your specific situation, you may be eligible for court supervision for an unlawful use of license charge. Court supervision means that your case will be continued for a specific period of time. During this time, you must fulfill the conditions set by the court, such as attending traffic school or performing community service.
Court supervision is not automatic. A judge may order it if they believe that (1) you are not likely to commit further crimes; (2) both you and the public would be best served by you not receiving a criminal record; and (3) ordering court supervision is in the best interests of justice.
