Articles Posted in Out-of-state DUI

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Most are aware that it is illegal to operate a motor vehicle in the state of Illinois while under the influence. If you are convicted of Driving Under the Influence (DUI), your driver’s license will be revoked. 625 ILCS 5/6-205(a)(2)

A revocation is a termination of your present driver’s license and driving privileges. 625 ILCS 5/1-176 In order to reacquire the legal authority to drive, you must apply for a new driver’s license through an administrative hearing with the Illinois Secretary of State.

You cannot make application for a new license immediately. For a first conviction, you must wait one year. For a second conviction that occurs less than 20 years after the first conviction, you are required to wait five years.

A third conviction, no matter how many years it occurs after the second one, entails a waiting period of ten years. 625 ILCS 5/6-208(b) A fourth conviction, including out-of-state convictions, makes you ineligible to apply for a license for your entire life, if any of the offenses occurred after January 1, 1999. 625 ILCS 5/6-208(b)4); 92 Illinois Administrative Code §1001.420(o)

A DUI that is dismissed, or reduced to reckless driving, or a successfully completed court supervision do not count as convictions. Therefore, every DUI arrest might not count against you for purpose of determining at what point you are eligible to apply for reinstatement.

Someone with one DUI conviction may apply for a Restricted Driving Permit (RDP) (also known as hardship license or work permit) after 30 days. Following a second or third conviction, there is a one-year waiting period before you can apply for an RDP. A person with four or more convictions cannot request an RDP.

You must also consider the effect of a statutory summary suspension (SSS). An SSS is entered at the time of a DUI arrest when you are asked to take a breath or blood test and either refuse to do so, or register above the legal limit of .08.

Forty six days after you are served with the summary suspension notice, your driver’s license will be suspended for between six months and three years, the length of which depends upon how many prior DUIS you have on your record and on whether you took or refused the test at the time of the most recent DUI.

A suspension is a temporary withdrawal of driving privileges for a specific period of time. 625 ILCS 5/1-204 When the period of time ends, the suspension terminates.

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If you hold an Illinois driver’s license and receive a Driving Under the Influence (DUI) in another state, Illinois will proceed as follows: If at the time of the arrest, you refuse chemical testing, the SOS will enter a suspension against your Illinois driver’s license and driving privileges for the same period of time as though you had refused testing in Illinois 625 ILCS 5/6-203.1
A DUI suspension is a temporary license sanction imposed for a definite period of time. Once that time elapses, you automatically get your license back upon payment of the appropriate fee, provided driving privileges are not invalid for some other reason. 625 ILCS 5/1-204
One of the things that will invalidate your license and take away the right to automatic restoration is a revocation. 625 ILCS 5/6-208 A revocation is the withdrawal of driving privileges for a period of 1, 5 or 10 years following a conviction.

At the end of that period, restoration of your driving privileges is not automatic. Rather, it is contingent upon a successful hearing before the Illinois Secretary of State.

The Secretary of State will not suspend your Illinois license if you submit to a breath test during a DUI arrest in another state. However, if you are convicted of the out-of-state DUI, your driver’s license will be revoked. 625 ILCS 5/6-206(a)(6)

Other than determining whether the lifetime driving ban applies (discussed below), the SOS, in determining the length of a revocation, takes into account a DUI conviction from another state only if the rendering state directly reports the conviction to Illinois in compliance with the Interstate Drivers License Compact. DUI convictions that Illinois discovers only through a search of the National Registry/PDPS do not become part of the revocation equation.

If you have no previous DUI revocations that appear on your Illinois driving record, the revocation must be for one year. 625 ILCS 5/6-208(b)(1) Putting aside any credits that may apply, after a year, you may request full restoration of your driving privileges provided that the implied consent suspension has run its course.

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The impact an out of state offense for Driving Under the Influence (DUI) has on your Illinois driver’s license depends upon a number of factors. There is no one-size-fits-all answer.

If someone holds a driver’s license in one state (the licensing state) and receives a DUI in another state (the reporting state the Interstate Driver’s License Compact (Compact) requires the reporting state to notify the licensing state of that fact. So if you receive a DUI in Iowa, a Compact state, Iowa is supposed to report that to Illinois, also a Compact state. Illinois will enter that conviction on your driving record.

Compact states are also obligated to report breath and blood test refusals to the licensing state even if the DUI is dropped or reduced to a lesser charge. After Illinois receives a refusal report, the Illinois Secretary of State will suspend your driver’s license for 12 months if you have no other DUI record and for 3 years if you have had a DUI in the previous 5 years.

A driver’s license suspension ends automatically without the need to got through a hearing with the Secretary of State, as is required if your driver’s license is revoked. A revocation will occur if the reporting state notifies the licensing state of a DUI conviction. You can be suspended and revoked for the same offense, or only suspended if the DUI is dropped, or only revoked if you take a breath test but are convicted of the DUI.

Your right to request a driver’s license or driving permit depends, among other things, upon your driving record of DUI convictions, including those that are reported to Illinois in accordance with the Compact. If the out-of-state DUI offense results in your one and only conviction, you will be revoked for one year.

If the out-of-state conviction is one of two DUI offenses that appear on your Illinois record, you will be revoked for 5 years. If the out-of state conviction is one of three DUI offenses on your Illinois record, you will be revoked for 10 years.

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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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