Out of State Drivers Charged With DUI in Will County
If you were arrested for DUI in Will County, the case is heard in Will County, even if your license is from another state. Illinois can suspend your privilege to drive in Illinois, and it can send a report of a conviction to your home state, which may act on it as if it happened there.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What happens next
- You are arrested and booked. Your out of state license is handled under Illinois procedures like any other.
- You are given a court date at the Will County Courthouse, 100 W Jefferson St, Joliet.
- The Secretary of State can suspend your privilege to drive in Illinois after the arrest. Your home state may hear about it too.
- Jeff tells you which court dates need you in person and which ones he can attend for you, based on the judge's rules.
- If you are convicted, Illinois reports the conviction to the licensing office in your home state.
The case stays in Illinois
A DUI is heard in the county where the arrest happened. For a Will County arrest, that is the Will County Courthouse in Joliet. Moving home or holding a license from Indiana, Wisconsin or any other state does not change that. If you ignore the court date, a warrant can follow.
What Illinois can do to your driving privilege
The Vehicle Code says a nonresident's privilege to drive in Illinois can be suspended or revoked in the same way, and for the same reasons, as an Illinois driver's license. A person whose privilege is suspended or revoked may not drive in Illinois with a license from another state. The Secretary of State says the same on its page for non Illinois residents: a license from another state does not let you drive in Illinois while your Illinois privilege is revoked.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
How the home state hears about it
Illinois belongs to the Driver License Compact, an agreement among states. Two rules in the compact matter here.
- Each state reports convictions of out of state drivers to the licensing office in the driver's home state. The report names the statute violated, the court and the plea.
- For a DUI conviction, the home state is to give the conduct the same effect as if it had happened at home. That means the home state may suspend or revoke under its own law.
Illinois law also lets the Secretary of State forward a copy of a nonresident's conviction report to the motor vehicle office of the state where the person lives. And Illinois may suspend a resident's license after a conviction in another state. The same exchange runs both ways.
What to bring to your first meeting
Bring your home state license and any paperwork the officer gave you, including the notice of suspension. Bring your insurance card and the vehicle registration. Write down your travel plans for the next few months, since they affect which court dates are hard for you. If you drive for work, tell Jeff what you drive and for whom. An Illinois result can touch a commercial or professional license that you hold at home.
Reinstating if you live out of state
The Secretary of State accepts a reinstatement application by email or mail from out of state residents, so most cases need no trip to Illinois. After a lifetime revocation a formal hearing in Illinois is still required. The Secretary of State also offers an Out of State Affidavit and Financial Responsibility Insurance Waiver. It applies only to Illinois's insurance filing. If you move back to Illinois within three years of the waiver, the SR-22 requirement returns.
How Jeff defends this charge
- He defends the charge the way he would for an Illinois driver: the stop, the tests and the arrest are all reviewed.
- He asks what he can handle without you in the courtroom, so you can limit trips.
- He explains how a plea or a supervision order may be reported to your home state.
- He works out the order of steps so Illinois and home state deadlines do not collide.
- He checks whether any outcome in Illinois affects a commercial license or a professional license you hold.
Jeff can only advise on Illinois law. He cannot promise what your home state will do.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about out of state driver dui
Short answers first. Jeff McCarthy reviews every answer on this page.
Yes. A DUI arrest in Will County is heard in Will County, whatever state issued your license.
Probably. Under the Driver License Compact, Illinois reports convictions of out of state drivers to their home state. The statute also lets the Secretary of State forward a copy of the conviction report to your state's motor vehicle office.
Illinois can suspend your privilege to drive in Illinois, in the same way it can suspend an Illinois license. It does not take your home state license, but you cannot drive in Illinois while your privilege is suspended or revoked.
It depends on the court date and the judge. Jeff can tell you which ones need you in person.
It is an agreement among states to share reports of driving convictions and to apply the home state's law to them. Illinois adopted it in Article VII of Chapter 6 of the Vehicle Code.
The Secretary of State accepts an Out of State Resident Reinstatement Application. The Secretary of State's out of state resident page lists how to apply.
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
