Undocumented People, Driver's Licenses, and DUI's

This Chicago DUI lawyer was recently asked the following question:

"Why do I continue to see illegal aliens driving without licenses, get stopped, go to court, pay a small fine, and jump back into their vehicles and drive off? This happens time after time."

The people in question already broke Federal law by coming here illegally, and then remaining here illegally. Many work for U.S. citizens, so employers do need to answer for creating employment demand (generally bigger bottom line by paying less for dangerous/physically challenging work). That said, undocumented people are going to drive unlicensed.

In Illinois, if you are charged with a DUI and you do not have a valid driver's license (U.S. Citizen or not), even if it is your first one and there is not an accident, you are subject to having your DUI charge upgraded to a felony.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof. (1) Every person convicted of committing a violation of this Section shall be guilty

of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(H) the person committed the violation while he or she did not possess a driver's

license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

(2)(A) Except as provided otherwise, a person

convicted of aggravated driving under the influence of alcohol, other drug  or drugs, or intoxicating compound or compounds, or any combination  thereof is guilty of a Class 4 felony.

Other states are even trying to align their state laws to trigger deportation of undocumented and unlicensed drivers.

January 14, Phoenix, AZ

Congressman Jeff Flake, R-Ariz., plans to introduce a bill that would make a third drunken driving offense by an illegal immigrant grounds for deportation.

"Right now, a drunken driving offense has no immigration consequences in and of itself," said Flake, "so this legislation would say, 'If you have three drunken driving incidents, then you're out. It's a deportable offense.'"

So the short answer to the question is that when you see unlicensed and undocumented drivers walking out of court and getting back into their vehicles after paying a small fine, there may well be other more serious consequences than just the fine. The consequences can be especially steep for any unlicensed driver charged with a DUI, at least in Chicago, as well as the rest of the State of Illinois, and it looks like Arizona, as well.