Getting into a car accident can be stressful enough without worrying about losing your driver’s license. Many concerned drivers in Illinois have wondered if a recent accident might affect their driving privileges. In some cases, the answer isn’t always straightforward.
If you’re asking “Can my license be suspended for an accident?” we’re here to clear things up. Certain accident-related situations can indeed trigger a license suspension. However, contrary to what many believe, it’s not the accident itself that typically leads to suspension.
Whether it’s driving without insurance coverage or driving under the influence (DUI), several things can put your license at risk. In this article, we’ll break down exactly what you need to know about license suspensions following car accidents.
Accidents That Lead To License Suspension & Revocation in Illinois
Understanding when and why license suspension may occur after a car accident can help you protect your rights.
Accidents can lead to higher insurance rates, expensive repairs, hospital bills, and other costs. However, license suspension or revocation does not usually occur directly because of a traffic violation, although there are exceptions.
Below, we’ll go into some examples of incidents that would cause you to lose your license, and what happens when your license gets suspended after a crash.
No Auto Insurance & Personal Injury
Accidents that lead to personal injuries may result in license suspension in Illinois. The Secretary of State will issue the notice of suspension if several factors are present:
- You did not have insurance at the time of the accident
- The accident was at least 50% your fault
- Property damage occurred that was over $500, there is a personal injury claim over $500, or death occurred (If an accident results in death, this will always lead to license revocation.)
Additionally, the use of an electronic device, such as a cell phone, at the time of the accident will be considered. In these cases, your license may be suspended for a year and you may be fined $1,000 if the following occurred:
- Use of the electronic device caused the accident
- Personal injury of another party occurred
- Use of the electronic device did not fall under an exception
Exceptions to the rule that says you cannot use an electronic device while operating a vehicle include:
- You were reporting an emergency
- You are a first responder who was responding to an emergency
- You were using the device in hands-free mode
- You were using the device while the vehicle was in park or neutral
- You were using the device while parked on the side of the road
If you’re involved in an accident with a suspended license, you may face more serious penalties. These could include hefty fines, jail time, and a suspension extension.
Driving While Under the Influence
Getting a DUI is one of the fastest ways to lose your license in Illinois. If you were in an accident, a DUI charge turns a minor fender-bender into a serious legal problem.
If police officers suspect you were drinking or using drugs when the accident happened, they can ask you to take a breath test and/or field sobriety test. If you fail, you will lose your license automatically. If you refuse the test, you will still receive a Statutory Summary Suspension.
Here’s what happens to your license if you get a DUI:
- First Offense: Your license is suspended for 6 months if you take the breath test and fail. If you refuse the test, it’s a 12-month suspension.
- Second Offense or Subsequent Offense Within 5 Years: Your license is suspended for 1 year if you take and fail the test. If you refuse, it’s a 3-year suspension.
- Additional Offenses: The penalties get much more severe, often leading to permanent license revocation.
A DUI suspension starts 46 days after the notice of suspension. This is usually the same day as your arrest.
How Long Will Your License Be Revoked or Suspended?
A driver’s license suspension can last several months to years. A driver’s license revocation lasts indefinitely. With a revocation, you will have to undergo an Illinois Secretary of State administrative hearing to regain your driving privileges.
The Secretary of State considers various factors when determining whether to impose a license suspension or revocation. Below is a list of some things the Secretary of State will consider when reviewing your case:
- Number of injuries incurred from the accident
- The most serious conviction from the accident
- Past driving record (including serious violations, previous suspensions, or revocations)
- Whether or not you were operating a vehicle under the influence
Contact Our Law Firm Today
Car accidents that cause injuries or death are complicated, serious matters. Individuals who face license suspension or revocation need trusted legal assistance to earn back their driving privileges. Our skilled Illinois driver’s license reinstatement lawyers can help you understand your rights and get you back on the road.
If you lost your driving privileges after a collision, contact Johnson & Goldrich, P.C., to schedule a free consultation. When you’re faced with the consequences of a suspended or revoked license, our lawyers are here to provide the legal representation you need to seek reinstatement.