Illinois law makes it illegal to drive under the influence of alcohol. (DUI). Penalties for a first offense can be as much as a fine of $2,500 and up to 364 days in the county jail, or a combination of the two. 625 ILCS 5/11-501
A conviction for DUI requires the Illinois Secretary of State to revoke your driver's license. A driver's license revocation nullifies your right to drive in Illinois. 625 ILCS 6-208
In order to be entitled to drive without any restrictions, you must have a driver's license hearing with the Illinois Secretary of State. In other words, restoration of full driving privileges is not automatic. Christiansen v. Edgar, 209 Ill. App. 3d 36, 153 Ill. Dec. 738, 567 N.E.2d 696 (4 Dist. 1991)
Revocations vary in length and depend upon your previous DUI convictions, if any. Keep in mind that in making these calculations, any dispositions of court supervision are not counted, as supervision is not a conviction.
The first DUI conviction will bring a one year revocation. A second DUI convictions that occurs within 20 years of the first one leads to a revocation for 5 years.
A third conviction nets a 10 year revocation. A fourth conviction can result in a lifetime revocation if any arrest that results in a conviction occurred after January 1, 1999.
The Secretary of State does not track court cases; therefore it is the responsibility of the Circuit Clerk to notify him of any DUI conviction. Within about 10 days of being notified of a DUI conviction, the Secretary of State will revoke your driver's license.
In many situations, you may apply for a Restricted Driving Permit (RDP) while the revocation is in effect. The RDP is not a "license" but rather is permission to drive, for limited purposes, while your are ineligible to apply for a full license (during the revocation window of 1, 5 or 10 years). But someone with a lifetime revocation due to four convictions cannot apply for an RDP either.
There are a few situations in which you must wait before you can apply for an RDP. If this is your second or third conviction (meaning a 5 or 10 year revocation), you cannot apply for an RDP during the first year of the revocation. If you are convicted of aggravated DUI that causes a death, you cannot apply for an RDP until 2 years after the revocation, or 2 years after you are released from incarceration, whichever is later.
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