Out-of-state convictions extend time for reinstatement eligibility

I handle hundreds of license reinstatement cases in Illinois every year. In 95% of those cases, a person who has been convicted of a second DUI offense is typically eligible to obtain a license reinstatement hearing on a restricted permit almost immediately. Unfortunately, I have bumped into a situation where, because the original DUI on the person's record was from out-of-state, the Secretary of State of Illinois counts the first original DUI that occurred out-of-state as a conviction. When a second or subsequent DUI is then entered on the record from a DUI that occurred in Illinois, the Secretary of State will require one year of hard time on the revocation in Illinois.
 
 This is another example of how the Secretary of State and Illinois seems to punish those who obtain one or more of their DUIs outside the state of Illinois. What I mean by this is the following example. A person who is found guilty of two DUIs that occur in Illinois will normally be eligible after his second DUI for a license reinstatement hearing immediately. This is because the original DUI was not listed as a “conviction” in Illinois due to the person obtaining court supervision on the first charge. Sometimes, however, a person who is found guilty of two DUIs that occur outside of Illinois will not be eligible for a license reinstatement hearing because the first DUI that occurred outside the state of Illinois is seen as a “conviction” only because no other states give their people charged with DUI court supervision. It is on equal treatment for the same offenses.
 
 
 – Posted by Illinois drivers license lawyer John W. Callahan