Out-of-State DUI: Suspensions and Revocations

Drivers who face DUI charges in another state often encounter consequences that extend far beyond the borders of the state where the arrest occurred. For individuals who hold an Illinois driver’s license, an out-of-state DUI can lead to significant administrative penalties, including license suspensions, revocations, and holds that affect both in-state and out-of-state driving privileges.

Conversely, an Illinois DUI conviction can place a hold on an out-of-state driver’s ability to obtain a license in their home state. In such cases, an out-of-state driver may require a license reinstatement hearing to clear the Illinois hold. Depending on the case, driving relief may be requested through an in-person hearing or out-of-state packet.

In the following sections, we discuss the impact that an out-of-state DUI can have on Illinois driving privileges, as well as how Illinois can impose a hold on an out-of-state driver’s license.

Illinois Refusal Suspensions for Out-of-State DUI Arrests

Many states have implied consent laws requiring drivers to submit to chemical testing when lawfully arrested for suspicion of driving under the influence. Refusing to take a breath, blood, or urine test may result in an automatic license suspension in certain states, regardless of whether the individual is later convicted of DUI.

Through the Driver License Compact (DLC) and National Driver Register (NDR), states share DUI-related administrative actions, including refusals, with each other. As a member of the DLC, Illinois treats out-of-state DUI refusals similarly to those that occur within its own borders. If the out-of-state chemical test refusal is reported to the Illinois Secretary of State, an Illinois license holder will face an automatic license suspension.

A refusal suspension will appear on the individual’s Illinois driving record, even though the actual DUI arrest occurred in another state. During this period, a suspended driver cannot drive in Illinois, despite the test refusal taking place elsewhere. When faced with a refusal suspension, an Illinois driver should consult with an Illinois driver’s license reinstatement attorney to determine if they can obtain a restricted driving permit during a refusal suspension.

Revocation of Illinois Driver’s License After Out-of-State DUI Disposition

An out-of-state DUI conviction can result in the revocation of an Illinois driver’s license. Once Illinois is notified of the final disposition, the Secretary of State may revoke an Illinois license for an out-of-state DUI. When this occurs, the revocation is treated the same as if the DUI occurred in Illinois – the driver loses all driving privileges and must go to a hearing with the Illinois Secretary of State to request driving relief after the revocation.

Out-of-state DUI convictions also count as prior offenses in Illinois, meaning they can affect future sentencing if another DUI occurs. Further, Illinois may also consider an out-of-state DUI as a prior offense during an administrative hearing.

The Problem Driver Pointer System (PDPS)

The Problem Driver Pointer System (PDPS) is a centralized federal database managed by the National Highway Traffic Safety Administration. It is part of the National Driver Register and allows states to share information about drivers who have experienced license suspensions, revocations, cancellations, or serious traffic violations.

When a driver applies for a license in any state, the state’s motor vehicle department checks PDPS to determine if there are any outstanding issues from other jurisdictions. If Illinois has imposed a suspension or revocation due to a DUI, it will likely be listed in PDPS. An Illinois PDPS hold can prevent other states from issuing or renewing a driver’s license until the matter is resolved in Illinois.

The PDPS database ensures that individuals cannot avoid the consequences of a DUI simply by moving to another state. It also means that a DUI in one state can lead to administrative penalties in multiple jurisdictions. Our office regularly handles hearings for out-of-state residents who have a PDPS hold due to an Illinois DUI.

Removing Illinois Holds on Out-of-State Driving Privileges

Illinois maintains the authority to hold a person’s driving record even after they move out of state. These holds typically arise from unresolved DUI cases or unaddressed license suspensions and revocations. When another state discovers a PDPS hold from Illinois, it will likely deny the issuance or renewal of a driver’s license until the hold is cleared.

To clear an Illinois hold for DUI, an out-of-state resident must complete a successful hearing with the Illinois Secretary of State. This may include undergoing a drug/alcohol evaluation, completing any recommended treatment, and testifying at an administrative hearing. A license reinstatement attorney is strongly advised to enhance the chance of success at a driver’s license hearing in Illinois.

The Formal Hearing Process

A hearing with the Illinois Secretary of State is required for most individuals seeking relief from a DUI-related driver’s license revocation. This process applies whether the goal is to:

• Obtain a restricted driving permit during a refusal suspension
• Reinstate a driver’s license after an out-of-state DUI revocation
• Remove an Illinois DUI hold on an out-of-state resident’s record

Hearings are complex and it is advisable to retain an experienced attorney to help navigate the process. A driver’s license reinstatement attorney can review DUI reports, treatment documents, and testimony prior to a hearing to ensure consistency and compliance with Secretary of State standards.

During the hearing, the revoked driver testifies to demonstrate that they have been rehabilitated since their DUI offense(s). The hearing officer reviews the evidence and makes a recommendation to the Secretary of State. A written decision is made within ninety (90) days of the hearing.

A license reinstatement attorney can ensure that all requirements are met and that a strong case is presented for driving privileges. Our office has extensive experience preparing clients for formal hearings and guiding them through the process with a clear strategy tailored to the individual’s situation.

Out-of-State DUI: The Role of a DUI Reinstatement Attorney

Handling the aftermath of a DUI in another state can be daunting, particularly when it results in the loss of driving privileges in Illinois. The laws and procedures governing license suspensions, revocations, and reinstatements are complex. An Illinois DUI reinstatement attorney can help navigate the process in the following ways:

• Evaluating the specific facts of the case and identifying the best path forward
• Coordinating evaluations and treatment with licensed providers
• Reviewing all evidence before the hearing
• Representing the client at the hearing
• Protecting the client’s legal rights through the process
• Following up to ensure that the decision is made in a timely matter; and
• Ensuring the client is issued driving privileges if approved at a hearing

Whether the objective is to obtain a restricted driving permit, full reinstatement, or clear a hold preventing an out-of-state license, experienced legal representation increases the chances of a successful outcome. Wirth Law understands the intricacies of both DUI defense and administrative license hearings. Our office has helped thousands of revoked drivers navigate the hearing process and legally drive again.

Contact Wirth Law for a Free Consultation

Wirth Law is dedicated to helping individuals regain driving privileges and move forward in life. With offices in Chicago and Naperville, we represent clients throughout the Chicagoland area, as well as out-of-state residents who need help with an Illinois DUI hold. Call (312) 761-8290 or email jennifer@wirthlaw.org to schedule a free consultation and learn more about how Wirth Law can assist with Illinois license reinstatement or out-of-state clearance following an Illinois DUI.

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