DUI in Illinois: Out-of-State Residents

The DUI defense attorneys at The Davis Law Group, P.C. often represent drivers who have been charged with DUI in Illinois and the Chicago area but reside and are licensed in another state. This scenario creates additional concerns that need to be addressed and may even impact your defense strategy.

Illinois is a member of the Driver's License Compact, which is an agreement between states to exchange information concerning traffic violations and license suspensions of non-residents and forward them to the state where they are licensed. Therefore, authorities in the state where the offense occurred will report the information to the authorities in the driver's home state. The driver's home state will treat the offense as if it had been committed in their state for purposes of possible driver’s license consequences and sanctions.

Most states are part of the Driver’s License Compact. Non-member states include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. But in practice, many of these states will still report offenses to the driver’s home state under their own regulations and Illinois will likewise report offenses to these non-member states.

Under Illinois law, the vast majority of DUI’s involve both a civil and criminal component. Civilly, if you submit to and fail testing, your driving privileges in Illinois are suspended for a period of 6-months. If you refuse testing, your driving privileges in Illinois are suspended for a period of 12-months. If you have a prior DUI disposition on your Illinois record within 5-years of the new arrest, these periods of suspension can be extended for periods of up to 12-months or 36-months, respectively.

Unless the suspension is successfully challenged and rescinded, provided that you do not have a prior DUI disposition on your Illinois record within the last 5-years; that you have a valid license in the state where you reside; and you need to drive in Illinois for any reason, you can apply for an Illinois Monitored Device Driving Permit (MDDP) which will grant you 24/7 privileges allowing you to drive for any reason subject to the requirement that you drive with a Breath Alcohol Ignition Interlock Device (BAIID). In certain cases, you may be exempted from the BAIID requirement.

Criminally, a DUI under Illinois law is a misdemeanor or a felony depending on your prior DUI history whether in this state or any other state. If you are a first offender, meaning that you have no prior DUI dispositions in Illinois or in any other state, you may be eligible for court supervision which will avoid a conviction and revocation of your driver’s license. If, instead, you are convicted of the DUI your driving privileges will be revoked in Illinois.

For out-of-state residents, a primary concern is the consequences of a suspension or revocation in their home state. The Illinois Secretary of State reports suspensions and revocations to the home state of out-of-state offenders. Therefore, it is important that your Illinois DUI defense attorney determine what the consequences of any Illinois disposition will have on your home state driver’s license. The effect is based on the law in your home state. Therefore, it may be necessary to consult with a DUI attorney in your home state.

Whether or not you face driver’s license consequences in your home state is irrelevant to the driver’s license consequences you may face in Illinois. A conviction for DUI in the State of Illinois will result in the revocation of your Illinois driving privileges even if you are not licensed in Illinois. Illinois will create a driver’s license number and record for you and subsequently revoke your privileges to operate a vehicle in Illinois. Often, even if your home state allows you to retain your driver’s license, you will likely be unable to renew your driver’s license in your home state when the time comes due to the revocation that was entered in Illinois.

The only way to reinstate your driving privileges after your driver’s license is revoked is through a successful administrative hearing before the Illinois Secretary of State. This process can be complex and it is best to contact an experienced license reinstatement attorney for assistance.

When you are charged with a criminal offense, including DUI, you are typically released on bond. Oftentimes, offenders are given an I-bond (AKA signature bond or recognizance bond) where no bail is posted or it may be a D-bond (demand bond) or C-bond (cash bond) where a specific amount of bail must be posted for release. Regardless, all bonds will specify terms and conditions, which must be followed. One of those conditions is that the defendant must remain in the State of Illinois. Of course, this can be troubling for an out-of-state resident. Fortunately, in court, your DUI attorney can request that your bond be expanded to allow you to reside out-of-state while your case is pending. Your attorney can also request permission for you to travel for employment. In our experience, reasonable travel requests are typically granted while your DUI case is pending.

The defense attorneys at The Davis Law Group, P.C. are experienced in representing out-of-state residents charged with DUI in Illinois. We will work to determine what, if any, effect your DUI will have in the state where you reside and make certain that we obtain the most favorable result possible. Contact us today to assist you with your Illinois DUI. We defend clients throughout Illinois including Cook County, Lake County and DuPage County.