Thursday, March 26, 2009

Chicago DUI, BAIID, and out of State driving

Yesterday I had a client from out of State with a valid license in his home State. He is a first-time DUI offender and would normally be eligible for the MDDP. However, he does not need to drive in Illinois, he needs to be able to drive in his home State.
I spoke to the Secretary of State's Office and discovered that the device is only valid for driving in Illinois. He would have to confirm that his home State, or any other State he wished to drive in was willing to accept it.

Therein lies the rub. Since Illinois is an Interstate Driver's License Compact participant and reports driving activity to most other states, my client could very well be prohibited from driving in other States, based on Illinois' representation that he has been charged with a DUI.

625 ILCS 5/6‑703) (from Ch. 95 1/2, par. 6‑703)
Sec. 6‑703. Effect of Conviction.
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Section 6‑702, as it would if such conduct had occurred in the home state, in the case of convictions for:

2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle
So what's the best advice I can give my client? No driving while the suspension is in effect.

I wonder what our State legislators are doing to fix this problem. After all, what other criminal charge (not the finding of guilt but just the charge itself) places such onerous burdens on the accused?

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973