Everything You Need to Know about Illinois Driving on a Suspended License – 625 ILCS 5/6-303

Let me know if this is your situation: You should not drive during your suspension, but you drove anyway because it’s the only reliable way to get to work/school/supermarket/kids. The police arrested you, and now you risk the suspension period getting longer or worse, a revocation. If you have questions, then continue reading this comprehensive guide to Illinois’ Driving While License Suspended Law written by a traffic ticket lawyer:

Table of Contents

1. What Is Driving on a Suspended License 625 ILCS 5/6-303?

2. Can the State charge me with DWLS if I was not driving?

3. Is Driving on a Suspended License a petty, misdemeanor, or felony?

4. What is a Type A injury in Illinois?

5. Can you get a sentence of probation?

6. Am I eligible for Court Supervision?

7. What other sentencing conditions can a judge order?

8. How does DWLS impact my driving privileges?

9. Can I expunge my Driving While License Suspended case?

10. What evidence do police use in DWLS cases?

11. Do I have to go to court?

12. What percentage of your sentence will you serve on a speeding ticket 730 ILCS 130/3?

How To Keep a Speeding Case Off Your Record

13. Beating a DWLS at trial

14. Winning a case with a motion

15. How to avoid a conviction through Diversion or Deferred Prosecution Programs?

16. Possible Plea Agreements?

Other Resources

What Is Driving While License Suspended (DWLS) 625 ILCS 5/6-303?

Simply put, you cannot drive when your driving privileges have been suspended. The law is found at 625 ILCS 5/6-303. It states, in part, that it is unlawful for “any person [to drive or be] in actual physical control of a motor vehicle on any highway of this State at a time when such person’s driver’s license, permit, or privilege to do so or the privilege to obtain a driver’s license or permit is … suspended[.]”

Can the State charge me with DWLS if I was not driving?

Surprisingly, yes! Although titled “Driving While License Suspended,” the law actually states that “any person who drives or is in actual physical control of a motor vehicle[.]” Actual physical control covers much greater conduct than just driving. Therefore, if you are inside of your car and have the ability to start it (car keys), then the State could charge you with a DWLS. Check out the case of City of Naperville v. Watson, 175 Ill. 2d 399 (1997).

Is Driving on a Suspended License a petty, misdemeanor, or felony?

Generally, your first offense of Driving on a Suspended License is a class A Misdemeanor. One exception to the rule is a suspension based on child-support non-payment. If your license was suspended because you are behind on child support, then Driving While License Suspended is just a petty offense.

In many circumstances, however, the State can charge you with a felony. For example, if this is your second DWLS and you injured someone, or if this is your 2nd DWLS and your suspension was as a result of an Aggravated DUI, then you could be charged with a felony. I explain many of the different scenarios on the chart below:

# of offenses	Circumstances	Class of Offense	Sentencing Range	Statute
1st Time	Almost all suspensions	Class A Misdemeanor	Up to 1 yr. Jail; Generally, supervision eligible; Mandatory 10 days jail or 30 days (240 hours) of Community Service if suspension is DUI-based	625 ILCS 5/6-303(a) (c)
1st/2nd Time	Suspension based child support non-payment	Petty Offense	No Jail time	625 ILCS 5/6-303(a-7)
1st Time	During Statutory Summary Suspension and eligible for MDDP	Class 4 Felony	1-3 years IDOC; Probationable, but minimum 30 days imprisonment	625 ILCS 5/6-303(c-3)
1st Time	Operating a vehicle without interlock device when one is required	Class 4 Felony	1-3 years IDOC; Probationable, but minimum 30 days imprisonment	625 ILCS 5/6-303(c-4)
1st Time	Suspension based on Reckless Homicide or DUI-Death	Class 4 Felony	1-3 years IDOC; Probationable, but mandatory 30 days or 300 hours of community service	625 ILCS 5/6-303(a-5); 625 ILCS 5/6-303(b-5)
2nd Time	Suspension: non-DUI; Injury: No	Class A Misdemeanor	Up to 1 yr. Jail; Supervision Eligible; Conviction includes Mandatory 100 hours of Community Service	625 ILCS 5/6-303(a) (c-1)
2nd Time	Suspension: non-DUI; Type A Injury: Yes	Class 4 Felony	1-3 years IDOC; Probation Eligible	625 ILCS 5/6-303(a-3)
2nd Time	Suspension: based on Reckless Homicide or DUI-Death	Class 2 Felony	3-7 years IDOC; Non-Probationable	625 ILCS 5/6-303(c-5)
2nd Time	Suspension: based on DUI	Class 4 Felony	1-3 years IDOC; Probationable, but mandatory 30 days or 300 hours of community service	625 ILCS 5/6-303(d)(1) and (2)
Third Time	Suspension: based on DUI	Class 4 Felony	1-3 years IDOC; Probationable but mandatory 30 days jail or 300 hours of community service	625 ILCS 5/6-303(d-1)
Third Time	Suspension: based on Reckless Homicide or DUI-Death	Class 1 Felony	4 to 15 years IDOC; Non-Probationable	625 ILCS 5/6-303(d-2.5)
4th-9th	Suspension: based on DUI	Class 4 Felony	1-3 years IDOC; Probationable, but mandatory 180 days jail	625 ILCS 5/6-303(d-3)
4+	Suspension: based on Reckless Homicide or DUI-Death	Class 1 Felony	4-30 years IDOC; Non-Probationable	625 ILCS 5/6-303(d-3.5)
10th-14th	Suspension: based on DUI	Class 3 Felony	2-5 years IDOC; Non-probationable	625 ILCS 5/6-303(d-4)
15+	Suspension: based on DUI	Class 2 Felony	3-7 years IDOC; Non-Probationable	625 ILCS 5/6-303(d-5)

What is a Type A injury in Illinois?

Type A injuries are injuries that require immediate medical attention in either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. 625 ILCS 5/6-303(a-3).

Can you get a sentence of probation?

Yes. If you get a ticket for driving on a suspended license, then you are eligible for a sentence of probation of up to 24 months on a class A Misdemeanor or up to 6 months on a petty offense. Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

Unfortunately, probation is a conviction that could impact your driving privileges. Thus, it’s much better to get supervision which is not a conviction and will not impact your driving privileges.

Am I eligible for Court Supervision?

Generally, a judge can sentence you to court supervision for driving on a suspended license (730 ILCS 5/5-6-1(c)). To get supervision, you must come to court and request it. However, you would be ineligible for court supervision if:

1. you drove after getting 2 supervisions for moving offenses in the last 12 months (730 ILCS 5/5-6-1(k));
2. this is your second DWLS within the last 10 years and your suspension is based on a DUI (730 ILCS 5/5-6-1(j));
3. you drove during Statutory Summary Suspension, were eligible for MDDP, and failed to obtain it (730 ILCS 5/5-6-1(o));
4. you drove during a monitoring device driving permit without interlock device when one is required (730 ILCS 5/5-6-1(o));
5. you drove after a suspension for reckless homicide (730 ILCS 5/5-6-1(c-5)); or
6. the State charged you with Felony DWLS (730 ILCS 5/5-6-1(c)).

What other sentencing conditions can a judge order?

Here is a list of possible sentencing conditions that a judge can order you to do as a result of DWLS:

1. Take a defensive driving class;
2. Do community services;
3. Pay a fine;
4. Jail time;
5. Obtain a license;
6. Obtain insurance;
7. Sit through court;
8. Attend drug/alcohol classes;
9. Complete a Mental Health evaluation; and/or
10. Pay restitution to someone who was harmed.

How does DWLS affect my driving privileges?

A conviction for Driving on a Suspended License will increase the duration of your suspension by one year. 625 ILCS 5/6-303(b-2). If, however, your suspension was based on a Reckless Homicide or a DUI-Death, then a conviction would increase the duration of your suspension by three years. 625 ILCS 5/6-303(b-6).

Can I expunge a driving while license suspended case?

You cannot expunge a petty DWLS ticket (suspension based on child support non-payment). 20 ILCS 2630/5.2(a)(3)(B). You can, however, expunge a Class A misdemeanor for Driving while License Suspended. For more details on the expungement process, check out my expungement guide.

What evidence do police use in Driving on a Suspended License cases?

In these cases, the State must prove 2 things: 1) you were driving or is in actual physical control of a motor vehicle; and 2) your license was suspended. To prove you were driving the state often uses:

• Testimony from the Police Officer
• Body Camera of the Police Officer
• Dash Camera of the Police Officer

To prove that your license was suspended, the law literally states “a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.” 625 ILCS 5/6-303(f). That’s right, the State just walks into court with a piece of paper with the answer to this question.

Do I have to go to court?

Yes, because Driving While License Suspended is a criminal offense and can result in the loss of your freedom. Your ticket should say “Court Appearance Required” and have a date, time and location for you to appear. If it does not, then you should call the county circuit clerk’s office to find out the date, time, and location of your case.

What percentage of your sentence will you serve on a DWLS ticket 730 ILCS 130/3?

If the judge is thinking about sending you to jail, then you should know that DWLS is a 50% sentence. Illinois Truth-In-Sentencing law states: “The prisoner shall receive one day of good behavior allowance for each day of service of sentence in the county jail[.]” 730 ILCS 130/3. You will not accumulate good time credit, however, if the judge sentences you to periodic imprisonment. This is really important when deciding whether you want to serve jail straight through or only on the weekends. Good time credit also does not apply to mandatory minimum sentences. So, sentences that involve a minimum of 10 or 30 days of jail actually means 10 or 30 days of jail.

How To Keep a Driving While License Suspended Case Off Your Record

There are several ways to keep a conviction for this offense off your criminal record. Here are some of the ways:

Beating a DWLS ticket at trial

Challenge that YOU were driving.

Sometimes, people drive away from traffic stops, and police stop pursuing because of a concern for public safety. They usually look up who the vehicle was registered to and ultimately assume that the registered owner was the person driving. If this is your scenario, then challenging their identification of the driver is a good strategy.

Winning a case with a motion

The biggest issue on these cases is whether the police had a valid basis to stop your car. In many situations, the dash cam will show you driving, and the certified abstract will show that you are suspended. As a result, the only thing that you can effectively challenge is the reason for the stop. A traffic ticket lawyer can file a motion to suppress if there is an issue. If the Court finds that the police did not properly stop you, then the Court can prevent the State from using any evidence of the stop against you. This could result in a dismissal of your case.

How to avoid a conviction through Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result. A typical diversion program would be for you to complete a defensive driving course.

Possible Plea Agreements?

Sometimes, Prosecutors enter plea agreements with defendant where they amend the charge from driving on a suspended license to driving without a license. This plea agreement is a good resolution because it would remove some of the mandatory jail or community service hours.

Another good plea agreement when the law requires jail time is agreeing to pre-trial electronic monitoring. Sometimes, prosecutors allow you to satisfy the mandatory jail requirement by wearing an electronic monitoring bracelet. As a result, you get to work and parent your children while “serving” a jail sentence.

Other Traffic Guides

If you are looking for information about:

• DUI cases, then check out our guide to DUI cases in Illinois.
• Speeding tickets, then check out our guide to Speeding Tickets in Illinois.
• Possession of a Controlled Substance cases, then check out our guide to Possession cases in Illinois.
• Possession of Cannabis cases, then check out our guide to Cannabis cases in Illinois.

Hire Illinois Driving While License Suspended Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, consider giving us a review on Google! If you have specific questions about your case, then call me today for a free consultation: