What Rights Do I Have If I Am Arrested Out Of State For A DUI?
The rights are the same in both states if you are arrested for an out of state DUI, but Illinois and Indiana deal with DUIs differently. For example, Indiana DUI first offense laws are much different to those in Illinois. This is why it is critical for you to have an attorney licensed in both states. Indiana calls DUIs, OWI, meaning Operating While Intoxicated; it all means the same thing. Illinois has more severe consequences for an out of state conviction. If a lawyer who only has an Indiana license represents you, you are missing a huge part of that picture, because that attorney would be clueless as to the additional consequences you would be facing in that state.
Countless times, I have had people see me after the fact when they retained an Indiana licensed lawyer who was ignorant to the collateral consequences, and now they have had their license suspended, or revoked, and there is not much we can do after that. That is why you need to have a dual licensed attorney.
What Steps Should I Take If I Am Charged With An Out Of State DUI?
The first step is to obtain a lawyer as soon as possible, and that is because early intervention is critical to success in any DUI case. However, if you do want to have the best chance possible to obtain a successful outcome, you have to have a lawyer who is licensed in both Illinois, and Indiana, as I am. A lawyer with only one license in Indiana can only provide half of the representation, and can leave you exposed to severe consequences with your driver’s license.
Where Would I Attend The DMV Hearing If I Am Arrested Out Of State For DUI?
Suspension is based on capital test failures, or refusals. Refusals are best challenged in the state in which the DUI was charged. Suspensions or revocations after a DUI conviction must be contested in the home state, which issues the driver’s license.
Will My License Be Suspended In Both States For An Out Of State DUI?
For instance, Indiana has similar implied consent laws as Illinois, meaning that refusing a chemical test has driver license suspension consequences, and chemical test failures have suspension consequences as well. Therefore, either a chemical test refusal, or a chemical test failure will result in suspension of driving privileges in Indiana. Even though you have an Illinois license, Indiana could control who drives within their state. If it is alleged that you went to Indiana, and you have an Illinois license, Indiana can suspend your ability to drive within the state of Indiana. Illinois may also suspend your driving privileges based on certain activities that occurred out of state.
However, Illinois will only suspend your license in Illinois based on an out of state chemical test refusal. Illinois will not suspend your Illinois driver’s license based on an out of state chemical test failure.
Will I Have To Travel Back To My Home State For The Criminal Proceedings?
Yes, you would have to travel back to your home state for any criminal proceedings. If you are arrested in Indiana, you have to appear in court in Indiana, although they operate their courts a bit differently. Sometimes I can continue the case at some of the preliminary court dates, so you do not have to miss work.
How Can A DUI Conviction In Another State Impact My Life In My Home State?
Conviction of a DUI or OWI, as they call it in Indiana, will result in a revocation of your Illinois driver’s license. And this is why we want to avoid this at all costs. I am very successful in avoiding driver’s license revocations for my clients in Illinois, and in Indiana. I need to be contacted while the case is still pending. It is difficult to reverse that revocation after any conviction.
How Has Your Experience Been In Handling Out Of State DUI Cases?
For starters, as I indicated, I am licensed to practice in both Illinois, and Indiana. My office is in Illinois, so most of my Indiana DUI cases are clients that have an Illinois driver’s license. I have been successfully representing Illinois licensed drivers in Indiana for many years. Because of my reputation, and success, many Illinois lawyers refer their clients with Indiana DUIs to meet with me for representation. As I have said before, it is critical to have an attorney licensed in both states, because you have the strongest chance of an excellent result in your case.
For more information on Out Of State DUIs, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.
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