Out of State DUI With An Illinois License

Driver's Licenses

You have a DUI (or DWI) in another state and you have an Illinois license.

You have either plead guilty or been found guilty. What will happen with your IL license?

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A few bits of info:

  • Your Illinois driver's license controls your ability to drive EVERYWHERE. They license you, they control whether or not you can drive at all.
  • You may ALSO have a suspension or revocation in the state where you were arrested. That state can only control your ability to drive in THAT STATE ONLY. They don't license you, so they can only say whether you can drive in their state. For example, if you have a 30 day suspension in Michigan and you have an IL driver's license, you are only suspended in Michigan for those 30 days, no where else UNTIL ILLINOIS TAKES ACTION.
  • Do not think that just because you have a suspension or revocation in the other state, this is all that will happen. Illinois will take separate and different action once they receive the report of conviction.
  • This applies even if you plead guilty to a reduced charge involving alcohol and driving. Many states have "lesser DUIs" that carry less criminal punishment. Illinois will still treat this as a DUI for your drivers license issues.

Will I Get Charged in IL for an Out of State DUI?

Illinois will not criminally punish you for the out of state DUI. Illinois takes no part in your sentence (ie- jail, probation, community service, etc). Illinois will only take action against your drivers license.

ILLINOIS WILL DO THE FOLLOWING:

  • If you refused a chemical test (breath test, blood test or urine test) and it is your first DUI, you will be suspended for 1 year, AND:
  • Illinois will revoke your license.
  • Illinois will revoke your license plates.
  • If it is your first DUI, you will have to wait at least a year before you can apply for reinstatement of that driver's license.
  • During your revocation, you can apply for a restricted driving permit (RDP) which will only allow you to drive to and from work, school, medical appointments or daycare, depending on what you qualify for.
  • There is NO way to automatically get your driving privileges back
  • You cannot go to another state and obtain a driver's license because Illinois will have a hold on your license with the revocation.
  • Once you are eligible for a reinstatement hearing and have the hearing, decisions by the Secretary of State often take 90 days for you to hear their decision.
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