AZHARI LLC BLOG

Dec. 5 2024

How Illinois DUI Laws Apply to Out-of-State Drivers

Posted By: azhari dev

Category:

DUI

Getting behind the wheel after drinking is never a good idea. But for out-of-state drivers in Illinois, it’s even riskier. Illinois, like many other states, takes DUI (Driving Under the Influence) seriously, and if you’re visiting or driving through the state, you might wonder how the state’s DUI laws apply to you. Will your home state be involved? Will you lose your license in your own state? These are common questions and understanding the answers will help you navigate this situation better.

Out-of-State DUI Laws in Illinois

DUI laws in Illinois are tough, and whether you’re a local or a visitor, the penalties for a DUI can be severe. But how do these laws apply if you’re not an Illinois resident? Will Illinois punish you differently than they would a resident driver?

Illinois DUI Basics

In Illinois, a DUI occurs when a driver has a Blood Alcohol Content (BAC) of 0.08% or higher or is under the influence of drugs (prescription, illegal or over-the-counter).

For out-of-state drivers, the first thing to note is that Illinois laws apply to anyone driving in the state regardless of residency. If you’re arrested for a DUI, you’ll face the same legal consequences as an Illinois resident, including fines, license suspension and jail time.

The Impact on Your Driver’s License

One of the most confusing parts for out-of-state drivers is how a DUI in Illinois will affect your driver’s license back home. The answer depends on several factors, including your home state’s laws and if Illinois has an agreement with your state regarding driving privileges.

Illinois License Suspension

If you’re arrested for a DUI in Illinois, the Illinois Secretary of State will suspend your Illinois driver’s license for a certain period of time, usually 6 months to a year, depending on your case. However, the impact on your out-of-state license is more complicated.

Out of State License Suspension

The biggest concern for many out-of-state drivers is how an Illinois DUI will affect their home state’s driver’s license. Illinois has agreements with many states through the Interstate Driver’s License Compact (IDLC) and the Non-Resident Violator Compact (NRVC). These agreements mean if you’re convicted of a DUI in Illinois, your home state will be notified and your driver’s license could be suspended or revoked as well.

Agreement Type	States Involved	Impact on Out-of-State Drivers
Interstate Driver’s License Compact (IDLC)	45 states, excluding Michigan, Wisconsin, Tennessee, and Georgia	Out-of-state license can be suspended or revoked.
Non-Resident Violator Compact (NRVC)	46 states, excluding Alaska, Hawaii, Michigan, Montana, Oregon, and Wisconsin	Non-payment of fines or failure to appear in court can lead to suspension of license.

If your state is part of these agreements, your home state will enforce Illinois’ DUI penalties, including suspending your license.

DUI Conviction: Out-of-State Driver Consequences

For out-of-state drivers, the consequences of a DUI conviction in Illinois are the same as for residents. That includes criminal and administrative penalties. But there are a few differences if you’re out of state.

Criminal Penalties

Fines: The minimum fine for a DUI in Illinois is $500. For repeat offenders, the fine can be up to $2,500.
Jail Time: First-time offenders may face up to 1 year in jail, but more often, they will get probation or community service. For aggravated DUIs (e.g. having a child in the car or a BAC of 0.16% or higher), jail time increases significantly.
Probation: In some cases, DUI offenders may be eligible for probation, which can reduce jail time.
Community Service: Offenders may be ordered to do up to 240 hours of community service.

Administrative Penalties

License Suspension: As mentioned above, a DUI conviction will likely suspend your Illinois driver’s license. But your home state can also suspend or revoke your license through the IDLC agreement.
Mandatory Alcohol Education: If convicted, you may be required to do a DUI education program or alcohol treatment program.

What if You Fail to Appear or Pay Fines?

If you fail to appear in court or pay DUI-related fines in Illinois, your home state can suspend your driver’s license or not allow you to renew it. This is especially true if your home state is part of the Non-Resident Violator Compact (NRVC).

License Issues

If you don’t take care of your DUI case in Illinois—whether by failing to appear in court or not paying your fines—your home state will treat this as if you ignored a ticket or legal matter in your own state. Your driving privileges will be suspended, and you’ll face additional fines or penalties.

Can You Fight a DUI in Illinois if You’re Out of State?

Yes, you have the same legal rights as an Illinois resident to contest a DUI in Illinois. If you’re facing DUI charges, the best thing to do is consult with a DUI defense lawyer. A qualified attorney can review the circumstances of your arrest, challenge the evidence, and potentially get your charges reduced or dismissed.

What Your Lawyer Can Do

Challenge Evidence: A DUI lawyer can argue the officer didn’t have reasonable suspicion to stop you or your field sobriety test was not properly administered.
Plea Deals: A DUI lawyer can negotiate a plea deal that can get you reduced charges, fewer penalties or alternative sentencing like community service.
License Reinstatement: If you’re facing license suspension in Illinois or your home state, a DUI defense lawyer can help you get your driving privileges back.

Out-of-State DUI Convictions

Illinois DUI laws apply to everyone driving in the state, but there are special considerations for out-of-state drivers.

Insurance Rates

A DUI conviction in Illinois will increase your insurance rates not just in Illinois but in your home state. Your insurance company will raise your rates based on your DUI conviction, which will be much more expensive for you.

Driver’s License Reinstatement

Once your Illinois driver’s license is suspended due to a DUI conviction, you’ll need to take the proper steps to get it back, even if you’re an out-of-state driver. You’ll need to provide proof of compliance with Illinois’ DUI education or treatment programs and pay the reinstatement fees. But if Illinois shares your conviction with your home state, you’ll also need to comply with your home state’s reinstatement rules.

Protect Yourself from an Illinois DUI

Illinois DUI laws apply to in-state and out-of-state drivers. While you should be aware of the penalties the best thing to do is to avoid a DUI charge altogether. If you’re arrested for a DUI in Illinois, a DUI defense lawyer can help you through the legal system and minimize the impact of the charge on your life, your driving record and your business.

Take your DUI charge seriously—whether you’re from Illinois or not. Consult with a lawyer at

Azhari LLC, stay informed of your rights and know how Illinois DUI laws will affect you.