Have you been arrested for a DUI in Wisconsin, Indiana, or any other state while you possess a valid Illinois driver's license? What should you do? Before you take the advice of your DUI lawyer in Wisconsin or before you listen to the criminal defense lawyer you hired in Indiana, you need to know that what is a great result in those states may still leave you with a revoked license in Illinois after the Illinois Secretary of State interprets the result as a DUI conviction.
I see this over and over again in my practice as a license reinstatement lawyer. If you have been arrested for a DUI in another state while you hold an Illinois driver's license you need to know that almost any derivation of a DUI charge will wind up transferring back to Illinois and revoking your driver's license.
What can be done? First , when clients hire us with an active DUI charge in another state, I always send a memo interpreting the law to the home state attorney. This has helped prevent several of my clients from ever getting revoked because the prosecutor in that state saw how harsh the penalty in Illinois is for a DUI conviction, and thus, they reduced the charge or allowed a diversion program to be imposed. While this doesn't always work, it is definitely the best first step.
Next, if we know we cant get the charge reduced in the other state, we begin getting treatment documentation and license reinstatement hearing preparation started. This means getting the alcohol classes finished and prepping our client BEFORE the conviction ever enters. Having the time and being prepared for your hearing PRIOR to resolving your out of state DUI is by far the best way to minimize damage to your Illinois license.
If you have been arrested for a DUI outside of Illinois and need help or advice with how to prepare for your hearing and minimized down time with your drivers license, feel free to call John W Callahan, a license reinstatement lawyer who can help.
Posted by John W Callahan