Published on:

Consequences for an Illinois driver who receives an out-of-state DUI

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.

Mr. Lower will therefore also face revocation of his Illinois driver’s license as a result of the DUI. In order to obtain driving privileges in Illinois, he must have a driver’s license hearing in Illinois.

Furthermore, even if Mr. Lower had not been convicted of the DUI, his Illinois driver’s license would have been suspended in Illinois for 12 months had he refused to take a breath or blood test. Since he did submit to testing, there would be no suspension but because he was convicted of the DUI, the revocation would still apply.

The bottom line is this: if you have an Illinois driver’s license and receive an out-of-state DUI arrest, you have 3 problems: the criminal case in the other state, the driving situation in the other state and your driving privileges in Illinois. There is no Double Jeopardy because Illinois is not charging you with a crime.

Contact Information