Section 1040.25 Suspension or Revocation for Driving Without a Valid Driver's License

Section 1040.25  Suspension

or Revocation for Driving Without a Valid Driver's License

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

1

st

Conviction

2-month Suspension

2

nd

Conviction

4-month Suspension

3

rd

Conviction

6-month Suspension

4

th

Conviction

12-month Suspension

5

th

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

1

st

Conviction

4-month Suspension

2

nd

Conviction

6-month Suspension

3

rd

Conviction

12-month

12-month Suspension

5

th

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

1

st

Conviction

4-month Suspension

2

nd

Conviction

6-month Suspension

3

rd

Conviction

12-month Suspension

4

th

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

1

st

Conviction

6-month Suspension

2

nd

Conviction

12-month Suspension

3

rd

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

1

st

Conviction

12-month Suspension

2

nd

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

d 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

1

st

Conviction

4-month Suspension

2

nd

Conviction

6-month Suspension

3

rd

Conviction

12-month Suspension

4

th

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

1

st

Conviction

6-month Suspension

2

nd

Conviction

12-month Suspension

3

rd

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 withou

s follows:

ACTION TABLE

Convictions

Action

1

st

Conviction

6-month Suspension

2

nd

Conviction

12-month Suspension

3

rd

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

1

st

Conviction

12-month Suspension

2

nd

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.