Driving Without a Valid Drivers’ License
What Illinois Law Provides
State law provides that it is unlawful to operate a motor vehicle without a valid drivers' license. See 625 ILCS 5/6-101. It is a violation of the statute whether the license is expired or the driver never had a license. The failure to present a valid drivers’ license upon request by a law enforcement officer may cause you to be ticketed for this offense.
Criminal Penalties
The offense of driving without a valid Illinois drivers' license is a Class B misdemeanor. The maximum penalty for a Class B misdemeanor is up to 6 months in jail and a fine of $1,500, which does not include court costs, probation fees, or legal fees.
Generally, this offense is charged as a petty offense (which is punishable by fine only), because the police officer writing the ticket does not choose to charge the offender with a misdemeanor. However, police officers are charging this offense as a misdemeanor more and more frequently.
Seizure of Vehicles
If a driver is pulled over and ticketed for driving without a valid license, and he or she fails to provide proof of insurance, the law enforcement officer is entitled to tow the vehicle. State law gives the police this right.
On the other hand, many municipalities have enacted local ordinances that allow local police departments to tow vehicles driven by unlicensed drivers regardless of whether they can show proof of insurance.
Suspension of Driving Privileges
The Illinois Secretary of State will suspend the driving privileges of anyone who is convicted of the offense of driving without a valid license, regardless of whether the license was expired or the driver had to drive in order to get to work. See 625 ILCS 5/6-206
Even if the driver never had a license, the Secretary of State will cause his or her right to obtain a license to be suspended, meaning that person would have to wait in order to obtain a license when they are otherwise eligible.
