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Out-of-State DUI Convictions Have Illinois Consequences

Posted on in BGL Law
Out-of-State DUI Convictions Have Illinois ConsequencesWith the Fourth of July approaching, many people will extend their weekends in order to take mini-vacations. Wherever you choose to spend the holiday, the area police will be looking for people driving under the influence of alcohol or other intoxicating substances. Holidays are often a time of increased recreational drinking, which may increase the number of intoxicated drivers on the road. You can expect to see DUI checkpoints and a greater police presence at high-traffic areas. DUI charges are a serious matter in every state, but being arrested in a state you are visiting makes the matter more complicated. You will need attorneys who understand the DUI laws in both the state you live in and the state you were charged in. An out-of-state DUI conviction can result in punishment from your home state.

Out-of-State DUI

If you are an Illinois resident who has been charged with DUI in another state, you are subject to that state's DUI laws and penalties if convicted. Some DUI laws are universal, such as an 0.08 blood alcohol content being the legal limit for drivers. All states also have implied consent laws that can punish you for refusing to take a BAC test. States' DUI laws may differ in:

  • The BAC level required for enhanced DUI charges;
  • The penalty for not submitting to a BAC test or field sobriety test;
  • Aggravating factors that can increase charges;
  • Sentencing and fines that result from a conviction; and
  • Whether out-of-state offenders are subject to different penalties.

Driving Privileges

The state in which you face DUI charges does not have the authority to take away your Illinois driver's license. However, most states agree to share information during out-of-state DUI cases. When Illinois learns of your DUI charges, it can restrict your driving privileges in accordance with state law:

  • If you refused to take a BAC test, your license will be suspended. The term is one year for a first-time offense and three years for a second offense occurring within five years.
  • If you are convicted, your license will be revoked. For a first-time conviction, the revocation period is one year. A second conviction in a 20-year period is a five-year revocation. A third conviction is a 10-year revocation. Any convictions beyond that result in a lifetime revocation.

Non-Illinois Residents

Visitors to Illinois who are charged with DUI need a local lawyer to represent them. A McHenry County DUI attorney at Botto Gilbert Lancaster, PC, has the experience in Illinois' DUI cases to defend you. To schedule a free consultation, call 815-338-3838.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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