In many states, people convicted of DUI crimes may not only face criminal penalties, but their licenses may be suspended as well. Additionally, in some states, DUI convictions that occur in other jurisdictions can impact a person’s driving privileges. Generally, there is a limit as to how long out-of-state DUI convictions can impair a person’s rights. As demonstrated recently in Kansas, though, flaws in record-keeping systems can lead to issues decades after an out-of-state DUI conviction occurred. If you are accused of violating the Illinois DUI statute, it is wise to meet with an Illinois DUI defense attorney to discuss your rights.
Kansas’ Treatment of Man’s Prior Out-Of-State DUI Conviction
It is alleged that recently, a Kansas man’s attempt to renew his license was rejected due to his DUI conviction that occurred 40 years prior in Missouri. When the man went to renew his license, he was advised there was a hold on it because Missouri had no evidence that he completed a substance abuse class as required following his DUI conviction.
It is reported that the man completed the course decades earlier but no longer had any record of his participation. A Missouri parole officer advised that the man would not have gotten off of probation unless he completed the course, but the man’s licensing issues nonetheless persisted. Ultimately, the Kansas Department of Revenue decided to issue the man a new license.
Illinois’ Treatment of DUI Convictions in Other States
Illinois regards out-of-state DUI convictions the same as convictions that arise under Illinois law. In other words, Illinois’ statutory language expressly provides that the courts can treat out-of-state DUI convictions that are comparable to Illinois DUI convictions as prior offenses. This means, among other things, that people convicted of DUI crimes in other states may face greater punishment if they are later convicted of DUI crimes under Illinois law.
Additionally, DUI convictions in states other than Illinois that are conveyed to the Illinois Secretary of State can be grounds for suspending a person’s license and may impact their renewal process. Generally, the length of time a person’s license will be suspended depends on whether their conviction is for a first or subsequent offense. If it is the first offense, their license will be suspended for one year. Second offenses that occur within twenty years of the first offense will lead to a five-year suspension, while third offenses that happen within a thirty-year time frame will lead to a ten-year suspension.
Meet with an Assertive Illinois DUI Defense Attorney
A minority of states consider out-of-state DUI convictions prior offenses for purposes of licensing and sentencing, including Illinois. If you are charged with DUI offense in Illinois, or you have questions about how a DUI conviction in another state may impact your rights, you should meet with an attorney. Theodore J. Harvatin, of the Harvatin Law Offices, PC, is an assertive Illinois DUI defense attorney who can address your concerns and help you to seek the best legal outcome possible under the facts of your case. You can reach Mr. Harvatin by calling 217.525.0520 or using the form online to set up a conference.