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DUI Charges in Illinois for Non-Residents

From national parks and Indian mounds to the sprawling metropolis of Chicago, Illinois is the temporary home to countless visitors throughout the year. Unfortunately, over-indulging in the enjoyment that you experience in Illinois can lead to serious ramifications if you are charged with driving under the influence while visiting the state.

Even if your license is not suspended in your home state (temporarily), many people will find it difficult to return to Illinois to fight a DUI charge if they are unable to drive through the state. In some cases, your Illinois DUI defense attorney can handle court appearances on your behalf if you live out of state. Talk to your DuPage or Chicago DUI defense lawyer about fighting an Illinois DUI charge if you live in another state.

If you are facing a DUI as an out-of-state driver, the attorneys at Dolci & Weiland can help you understand the impact that a conviction can have on your driving privileges, both in Illinois and in your home state.

Suspension of Your Illinois Driving Privileges Following a DUI

If you have a license from a state other than Illinois and were pulled over and arrested for drunk driving while driving in Illinois, the arresting officer does not have the authority to revoke your out-of-state license. However, your driving privileges can still be revoked within the State of Illinois, and you can still be convicted of DUI in Illinois. As discussed below, your DUI will also be reported to the state in which you are a resident or where you hold a driver's license.

In certain cases, an individual's ability to drive in the state of Illinois can be suspended for life, albeit with a few exceptions. A fourth or subsequent conviction of driving under the influence, for example, can result in a lifetime suspension of driving privileges in Illinois.

The Effect of an Illinois DUI on Your Home-State License

If you are an out-of-state driver who was charged with driving under the influence while in Illinois, the repercussions don't stop at your ability to drive in Illinois. Illinois, along with the majority of states in the United States, is a member of the Interstate Driver's License Compact, or IDLC. States who are members of the IDLC are required to disclose when an out-of-state driver commits a driving offense in a different state.

When a driver is arrested for a DUI in Illinois, this information is generally relayed to the Secretary of State for the state in which you live. The result of this reporting is that the state in which you are a resident will generally treat your DUI as if it happened in your state, and issue the same penalties as if the DUI happened in the state in which you live.

Following a conviction of DUI in Illinois, the Illinois Secretary of State may issue a "hold" on your driver's license, rendering you unable to renew your current license when it expires or obtain a license in the state in which you live. Unlike a suspension of your license that expires after a certain amount of time, a hold may remain on your license indefinitely until you take steps to have the Illinois Secretary of State remove the hold.

The Problem Driver Pointer System

The Problem Driver Pointer System, or PDPS, is a part of the National Driver Register. This electronic database compiles information such as age, gender, driver's license number and date of birth for individuals whose licenses have been suspended, revoked, or canceled.

The majority of the states in the United States are part of the Interstate Driver's License Compact are required to check the PDPS before issuing a new license or renewing a current license. Thus, if you are arrested for DUI in Illinois and the Secretary of State for Illinois has placed a hold on your license for a conviction of DUI, you may not be eligible to renew or obtain a license in most states.

Reinstating Your Driving Privileges in Illinois Following a DUI

If you are an out-of-state resident who has been convicted of driving under the influence in Illinois, you can apply for a reinstatement of your driving privileges in Illinois by completing the Non-Resident/Out-of-State Petitioner Hearing Application. The application itself is fifteen pages long and requires a formal hearing in order to have your driving privileges reinstated.

Completing the out-of-state application involves a number of time-consuming steps, including:

  • Completing a questionnaire which asks about your driving history, your history of alcohol usage, and any prior drug or alcohol offenses;
  • Proving residency in your state;
  • Completing an alcohol treatment program or class;
  • Obtaining character references from individuals who certify that you have remained abstinent from drugs and alcohol and are fit to have your driving privileges reinstated; and
  • Submitting a $50 filing fee.

Depending on how many times you have been convicted of an alcohol-related offense, you may be required to provide additional information and documentation in order to be considered to have your driving privileges reinstated.

While the help of an attorney is not required in order to complete the out-of-state application, legal assistance can be crucial when it comes to the outcome of your application. Completing an out-of-state application can be a lengthy process. The assistance of an experienced Illinois DUI attorney can help complete the petition and represent you at any hearing to get your driving privileges reinstated.

Need to Get Your License Back? We Can Help.

If you are an out-of-state driver who was charged with driving under the influence in Illinois, you can count on the team of attorneys at Dolci & Weiland to work to help you get your driving privileges back. Our attorneys have decades of experience helping individuals who face charges just like yours obtain the best possible result in their case. Don't wait until it is too late-- speak with an attorney about your DUI charge and take the next steps toward getting your driving privileges back in Illinois, fill out an online consultation form or call the office closest to you today. For our DuPage office, call (630) 261-9098, or for our Chicago location, call (312) 238-9007.