Articles Posted in Out-of-state DUI

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Horace Mann Educators Corporation is a Springfield Illinois-based company that sells insurance policies primarily to teachers and educators. Its Chief Executive Officer, Louis Lower, was arrested for DUI in Florida.

When someone is arrested for DUI, there are two cases to consider. The first is the criminal matter, which would have been governed by Florida law. The second is the effect a DUI has on your privilege to drive.

If Mr. Lower held a Florida driver’s license, the DUI would probably have a negative effect upon that license. But even if Mr. Lower held an Illinois license, Florida law probably has provisions that would serve to invalidate, at least for a period of time, an otherwise valid driver’s license issued by any other sate.

The Florida DUI would also invalidate his Illinois drive’s license. Florida is a member of the Interstate Drivers License Compact, as is Illinois. States who are members of the Compact have obligated themselves to report traffic offenses, including DUI, to the licensing state. While many states do not report minor traffic offenses, and while some states do not even report DUI offenses, it is this author’s experience that Florida does report DUI offenses to Illinois.

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Recently, a Pennsylvania man was penalized for a 1985 DUI. The driver was arrested for DUI while visiting Maine in 1985 and satisfied all the requirements of the state of Maine. However, because of bureaucratic confusion, the DUI was not reported to Pennsylvania, the state where he held a driver’s license, until 2004.

In 2009, the driver was arrested in Pennsylvania for DUI. Pennsylvania law provides that someone without a DUI conviction in the previous 10 years is entitled to more lenient treatment.

The driver argued that his previous DUI was more than 10 years old. However, because the conviction was entered on his record within the last 10 years, he was not entitled to more lenient treatment, the court ruled.

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You are probably reading this because the state in which you now reside either will not renew an existing license or will not issue an original one because the national registry has “flagged” an Illinois DUI. Your state’s DMV has informed you that before it can issue you a license, you must remove the Illinois hold. In order to accomplish this, you must have a hearing (either through a mailed-in packet or in-person) with the Secretary of State (which is Illinois’ DMV).

Each state is now required, before issuing a new driver’s license, or renewing an existing one, to check the national registry of driving records to determine if the driver has received DUI arrests in any other states. This new requirement, driven by Federal law, can affect both Illinois and out-of-state residents.

The system is known as Problem Driver Pointer System (PDPS), as it is designed to “point” other states to problem drivers. Because of PDPS, the days of jumping from state to state in order to avoid DUI revocations is over, and many drivers are finding their pasts catching up to them.

While on rare occasions the national registry misses DUI offenses, for the most part, it picks them up, even very old ones. This occurs even in those instances where a judge or lawyer many years ago assured you that the case would be dismissed, expunged, not go on your record, disappear or not otherwise “count”.

Even if the DUI itself was dropped, or was never charged, the arrest will show up if you were offered the breath test but refused to take it, or took the breath test and registered above the legal limit for that state.

Some states purge (remove) DUI arrests from their own records. (Illinois does not). However, despite being removed from the official driving record, the DUI is nonetheless likely to appear on the national registry.

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