What happens if you find yourself in a situation similar to that of Kansas City Chiefs cornerback Donald Washington ? At a time he was a resident of another state, Washington was arrested for an Illinois DUI (Driving Under the Influence) charge.
In addition to DUI charges, Washington was arrested for possession of marijuana and driving on a suspended license. Apparently, Washington’s driver’s license issued by another state is suspended. Furthermore, police found a bag of crushed pills.
Because the police were unable to determine what substances the pills contained, they were sent off to the Illinois State Police crime lab for further analysis. Therefore, other charges relating to possible drug possession are pending.
Whenever a person is arrested for DUI in Illinois, the police demand bail. The purpose of bail is ensure the defendant returns to court to answer the charges. Stack v. Boyle, 342 U.S. 1, 72 S. Ct. 1, 96 L. Ed. 3 (1951)
Under Supreme Court Rules, the standard bail for a resident of Illinois for a misdemeanor DUI is $3000.00. Supreme Court Rule 526(c) In lieu of all-cash bail, an Illinois resident with a valid driver’s license may post $1,000.00 cash bail and their driver’s license. Supreme Court Rule 526 (e)
However, Illinois is unusual in that bail bondsmen have been eliminated. Rather than paying the bondsman ten percent of the bail amount, a sum that the accused never recovers even if the charges are dropped, the accused is required to post with the clerk of the court ten percent of the amount of the bail, meaning that in a DUI the cash bail will normally be $300.00, or $100.00 plus your driver’s license. Supreme Court Rule 529
If you post bail and fail to appear at trial in a DUI case, the cash you posted will be forfeited, you will find that your driver’s license is suspended and a warrant will be issued for your arrest. If the charges are dropped, bail will be refunded to whoever posted it, minus a small service charge. If you are convicted, bail may be applied to your fine or paid over to your attorney if you executed a bond assignment.
The bail schedules above were not applicable to Washington because of the other charges of driving suspended, marijuana and pending drug charges. His bail was set at $20,000.00, or $2,000.00 cash.
A non-resident of the State of Illinois who is arrested for DUI may very well face issues in the state where he resides and/or holds a driver’s license as well as in Illinois. If the Illinois attorney you hire for your DUI does not recommend that you contact an attorney in your own state to analyze the driver’s license consequences of a DUI, he is not giving you your money’s worth.
The Illinois lawyer must also consider the criminal aspects of your case, including fines, jail, probation, drug and alcohol evaluations, treatment and Victim Impact Panel. With regard to the criminal consequences of the DUI, other than the possibility of having probation transferred to the state where you live and being able to complete your evaluation and classes there, there is not that much difference between a resident and non-resident as far as Illinois is concerned.
If you are convicted of DUI, Illinois cannot revoke your driver’s license that another issued. However, Illinois will revoke your privilege to drive in this state. In that case, a driver’s license issued by any other state will not be valid in Illinois until you remove the revocation by having a driver’s license reinstatement hearing. 625 ILCS 5/6-208
A disposition of court supervision will avoid an Illinois revocation. However, your license will be suspended due to not taking a breath test or taking and registering over .08. Just like residents, non-residents are eligible for an MDDP.