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Out of State DUI

If you are an Illinois state resident who has been charged with drunk driving in another state, or if you are an out-of-state resident who has been charged with DUI while visiting Illinois, you need to speak with an attorney who has experience handling out of state DUI cases. Illinois is a member of the Interstate Driver's License Compact (IDLC), which is an agreement between states to exchange information when a non-resident commits a driving offense in their state. When a person commits a driving offense, such as DUI, the authorities in that state will relay the information to the authorities in the driver's state of residence. The authorities in the driver's home state will then treat the DUI as if it had been committed there, and apply the same laws and penalties.

Impact of the IDLC

The Interstate Driver's License Compact originated in 1960 and was an agreement created between states as a means of reporting traffic violations. As an example, a driver who resides in California but commits a traffic offense in Illinois will face ramifications in his or her home state as well. The Illinois Secretary of State will report the violation to California Department of Motor Vehicles and the driver may therefore face the suspension or revocation of his or her California driver's license – even though the offense was committed in Illinois.

Because Illinois law enforcement does not have the authority to confiscate the physical driver's license that was issued to a driver in another state, an out of state driver arrested for DUI in Illinois will instead face the suspension of his or her Illinois driving privileges in Illinois as well as criminal court proceedings. If found guilty, the driver will further face suspension of his or her driver's license in his or her home state if convicted of DUI in Illinois – as Illinois will report the offense and conviction to the offender's home state.

Since Illinois is a member of the IDLC, the Illinois Secretary of State must report a DUI arrest when a non-resident is found driving under the influence. Likewise, if an Illinois state driver's license holder is arrested for driving under the influence in another state, the Illinois Secretary of State will be alerted about the offense. The specific effect of a DUI on your state driver's license must be determined on a case-by-case basis, as a few states are not members of the IDLC but may still take action against you if informed of a DUI conviction in another state.

How can a Chicago DUI attorney help?

If you have an out-of-state DUI situation on your hands, it's crucial that you speak with an experienced DUI defense lawyer as soon as possible. These types of cases are more complex than typical DUI cases, especially since authorities from two different states are involved, and some results that would be more than satisfactory in a normal situation may cause you unanticipated hardship.

When you come to Fagan, Fagan & Davis, you can feel confident knowing your case will be handled by a defense attorney who has extensive experience handling these types of DUI cases. We will do everything possible to make the process of defending your DUI, your rights and your driving privileges as easy and convenient as possible for you, and will do whatever we can to minimize your travel between states. And, as always, we will make sure you are provided with the aggressive, unrelenting defense you need to fight your out of state DUI charges!

Where do we appear in court?

Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

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