Collateral Consequences of a DUI Arrest in Illinois

After a DUI arrest, an individual may experience various collateral consequences related to the offense. These issues vary widely depending on the individual’s personal and professional circumstances. Some people may face minimal long-term impact, while others may encounter challenges in various areas. A DUI may cause issues with professional licensing, insurance, employment, or driving privileges. The following sections provide a basic overview of collateral considerations when dealing with a DUI charge in Illinois.

Professional Licensing Consequences

For licensed professionals in Illinois, a DUI arrest may raise questions with certain regulatory agencies. Various professions can have different reporting requirements and there may be potential disciplinary action for a DUI charge. It is important to understand the possible impact on professional licensing when dealing with a DUI.

Healthcare Professionals

Licensed medical professionals are regulated by the Illinois Department of Financial and Professional Regulation (IDFPR). In some situations, a DUI arrest must be reported even if the case is resolved through court supervision. If substance use is alleged, IDFPR may initiate an inquiry to evaluate fitness to practice. This may involve a confidential review, a formal hearing, or the development of a recovery or monitoring agreement.

Attorneys

Licensed attorneys in Illinois are subject to oversight by the Attorney Registration and Disciplinary Commission (ARDC). Under Illinois Supreme Court Rule 761, Illinois lawyers who are convicted of a felony or misdemeanor have a duty to notify the ARDC of the conviction pursuant to Rule 761.

The rule requires lawyers to report the conviction in writing within 30 days of the entry of the judgment of conviction regardless of whether the conviction results from a plea of guilty, nolo contendere, or from a judgment after trial.

While not all DUI arrests result in disciplinary consequences, the ARDC may investigate matters involving substance-related conduct or any underlying issues that may affect professional responsibilities.

Other Regulated Fields

Professionals in law enforcement, education, accounting, engineering, social work, real estate, and financial services may also be subject to internal review following a DUI arrest or conviction. Many regulatory boards have discretionary authority to evaluate conduct that occurs outside the workplace. These reviews often focus on whether the conduct raises questions about public safety, fitness to practice, or professional ethics.

When dealing with a DUI, it is essential that a licensed professional consult with a qualified attorney to understand their specific reporting obligations and to understand the potential implications for their licensure, if any. An attorney can serve a vital role by providing mitigating evidence, or other assistance, when working with regulated professionals after a DUI charge.

Auto Insurance Consequences

A DUI arrest or conviction may result in changes to auto insurance coverage. Insurance companies review driving history as one of the factors to evaluate risk. As such, a DUI arrest may lead to increased premiums or policy cancellation.

Even when a case is resolved without a conviction, an arrest may be considered by some insurance providers when setting rates. If a DUI conviction occurs, a revoked driver is required to file an SR-22 certificate. This requirement may result in higher premiums for the insured. An SR-22 policy must be maintained for three years after a DUI revocation.

Insurance consequences differ based on company policies, the individual’s driving record, and the resolution of the DUI case. In some cases, drivers can maintain coverage with higher premiums with their existing insurer. For others, it may be necessary to seek a new insurer that offers high-risk policies.

FOID Revocation and DUI

Under Illinois law, individuals must possess a valid Firearm Owner’s Identification (FOID) card to legally purchase or possess firearms or ammunition. A DUI conviction, particularly if it is felony-level or involves mental health concerns, may impact eligibility for a FOID card or result in the revocation of an existing FOID.

Under the Firearm Owners Identification Card Act (430 ILCS 65/8), a FOID may be revoked if the cardholder becomes ineligible under any of the statutory disqualifications. For example, a felony DUI conviction, such as a third DUI offense, renders a person ineligible to possess a FOID card. Additionally, if a DUI arrest or conviction leads to a court-ordered mental health evaluation and the individual is found to pose a danger to self or others, that too may result in revocation or denial.

Even a misdemeanor DUI may raise concerns with certain treatment requirements, as the Act restricts FOID issuance for individuals who have been a patient in a mental health facility within the past five years. The ISP may use reports from DUI court evaluations, treatment records, or court orders to make these determinations.

Individuals who have had their FOID card revoked or denied due to a DUI-related reason may petition the Illinois State Police for reinstatement in certain circumstances. This administrative process involves filing an appeal under 430 ILCS 65/10, where the petitioner must demonstrate that restoring firearm rights would not be contrary to public safety or the interest of justice. The petition typically includes documentation such as proof of substance abuse treatment completion, letters of reference, psychological evaluations, and court records related to the DUI. If the denial or revocation was based on a felony DUI conviction, additional federal prohibitions under the Gun Control Act of 1968 may apply, and relief is more limited.

Anyone seeking to reinstate FOID privileges after a DUI should consult with an attorney familiar with both DUI defense and Illinois firearms laws. Our office recommends the law practice of Williams Nickl for FOID and CCL matters after a DUI.

Driver’s License Revocation Following a DUI Conviction

If an individual is convicted of a DUI offense in Illinois, the Secretary of State will revoke driving privileges. A revocation is not a temporary suspension—it is an indefinite termination of the driver’s license. To drive again, the individual must successfully complete the driver’s license reinstatement process with the Illinois Secretary of State.

Minimum revocation periods are as follows:

• First DUI conviction: 1-year revocation
• Second DUI conviction: 5-year revocation
• Third DUI conviction: 10-year revocation
• Fourth DUI conviction: Lifetime revocation, with specific exceptions for permit or out-of-state clearance.

Under the BAIID Mandatory Offender law, a person with 2-3 DUI convictions will be required to serve a five-year permit prior to requesting full reinstatement, regardless of reinstatement eligibility. If a person has four or more DUI convictions, they are considered a lifetime offender with specific requirements for driving privileges in the future.

During a revocation period, individuals may generally apply for a restricted driving permit (RDP) under certain conditions. These applications are reviewed through completing a hearing with the Secretary of State. A Secretary of State hearing after a DUI will require specific documentation, including a drug and alcohol evaluation and records from any treatment following the most recent DUI.

Once the revocation period ends and all conditions are met, full reinstatement of driving privileges may be possible through a hearing. However, the reinstatement process after DUI is complex. It is essential that an applicant consult with an Illinois driver’s license attorney prior to proceeding.

Employment Background Checks

A DUI arrest may appear on criminal background checks, particularly if charges are filed in court. Even without a conviction, many employers use commercial background check services that display arrests, charges, and dispositions.

In Illinois, DUI convictions are permanent and cannot be sealed or expunged. Court supervision, while not a conviction, may remain visible on some reports, such as an Illinois driving abstract. As a result, certain employers may inquire about the circumstances of a DUI, particularly in fields involving transportation, childcare, education, or fiduciary responsibilities.

While not all employers view a DUI arrest as disqualifying, it may be considered during hiring, promotion, or internal evaluations. Some individuals may be asked to explain the outcome of a case or provide documentation relating to the charge. In these situations, accurate records and legal guidance can help present a complete and honest explanation to potential employers.

Other Potential Effects of a DUI Arrest

Additional consequences may arise depending on the facts of the case and the individual’s circumstances. While not universal, these outcomes should be considered as part of the broader impact of a DUI arrest.

Travel Restrictions

Some countries, including Canada, may restrict entry to individuals with a DUI conviction. Admissibility rules vary by nation and may depend on the final disposition of the case.

Civil Liability

If a DUI arrest is related to a motor vehicle accident, civil liability may arise. This can lead to a separate legal process involving property damage, injury claims, or insurance disputes.

Custody or Family Law Matters

In pending family law cases, such as divorce or custody proceedings, a DUI arrest may be introduced as part of a larger argument regarding parental fitness or judgment. Courts may consider the DUI arrest as one of several factors when making decisions about parenting time and responsibilities.

Helping Clients Navigate the DUI Aftermath

The collateral consequences of a DUI arrest can seem overwhelming. However, many consequences can be mitigated with proper legal guidance. Our office regularly helps clients navigate collateral consequences of an Illinois DUI, particularly after a driver’s license revocation. To discuss concerns following a DUI arrest or Illinois driver’s license revocation, contact Wirth Law for a confidential consultation. Our office can be reached at (312) 761-8290 or by email at jennifer@wirthlaw.org.

Further Reading: Illinois DUI Defense

• Area of Practice: Illinois DUI Defense
• Overview of a First DUI in Illinois
• Illinois Statutory Summary Suspension Law
• Aggravated DUI in Illinois
• Out-of-State DUI: Suspensions and Revocations
• Type A Injury DUI Cases
• CDL Consequences for an Illinois DUI
• Underage DUI and Zero Tolerance
• Marijuana DUI
• Prescription Drug DUI
• DUI Chemical Testing
• Illinois Field Sobriety Tests
• Court Evaluations for Illinois DUI Sentencing
• Collateral Consequences of a DUI Arrest in Illinois