Drivers License Suspension for Offenses Not Involving a Motor Vehicle in Illinois: An Irrational Application of the Rational Basis Test

The focus of this Comment is to look at how the court system in Illinois has treated substantive due process challenges to state statutes that require revocation or suspension of a driver's license when no motor vehicle was involved in the offense. The Supreme Court of Illinois has heard several cases on this issue, and the results have been inconsistent. The Court first held that license revocation for those charged with delivery of a controlled substance was unconstitutional, and then later held that license suspension for consumption of alcohol by a minor was constitutional. This inconsistency has also given rise to proportionate penalty and double jeopardy issues with those minors who have had their licenses suspended after being convicted of alcohol related offenses not involving motor vehicles.

While license suspension or revocation for offenses not involving a motor vehicle may be constitutional under certain circumstances, this Comment advocates for the courts in Illinois to apply a more consistent application of due process review to these statutes.