Out-Of-State DUI Consequences for Illinois Drivers

An Illinois driver charged with a Wisconsin DUI (known as OWI in Wisconsin) faces serious consequences to their driving privileges. The reason is mainly due to the way the Illinois Secretary of State penalizes Illinois drivers for out-of-state DUI charges. In fact, the consequences of an out-of-state DUI are often more severe than the consequences would be if the DUI had occurred within Illinois.

The most severe consequence an Illinois driver should be aware of is that a conviction for a Wisconsin DUI will result in a revocation of their Illinois driving privileges. Even if the Illinois driver has no prior DUI convictions, in Illinois or any other state, the Illinois Secretary of State will issue a revocation (not to be confused with a suspension), for at least one-year, upon receiving notice that the Illinois driver plead guilty or was found guilty of a Wisconsin DUI.

In Illinois, a driver with no prior DUI dispositions (or reckless driving dispositions) is typically eligible for a sentence called "court supervision". Court supervision is not considered an actual conviction, which is important because the Illinois Secretary of State only issues license revocations for people who receive convictions for DUI. If a person pleads guilty or is found guilty of an Illinois DUI and is sentenced to supervision, the Illinois Secretary of State will not revoke a license because it does not consider supervision a conviction. The situation is different, however, for non-Illinois DUI dispositions.

Illinois treats any out-of-state traffic violation or DUI disposition as a conviction. It will not award supervision to Illinois drivers for non-Illinois violations. Therefore, when Illinois receives notice that an Illinois driver received a Wisconsin DUI / OWI, Illinois will issue a conviction against the Illinois driver, and thus issue a revocation against their driving privileges.

A revocation is a serious consequence to Illinois driving privileges, much more severe than a license suspension. A suspension is a temporary restriction on driving privileges. When the suspension expires, privileges are restored by simply paying reinstatement fees. Alternatively, a revocation is an indefinite removal of driving privileges that ends only if the Illinois Secretary of State grants reinstatement following a formal or informal hearing, after the revocation period ends. There is no requirement for privileges to be restored; privileges are only restored if the driver assures Illinois that they are worthy of driving safely.

With so much at stake, it is absolutely essential that an Illinois driver seek knowledgeable, zealous legal representation to help prevent a revocation. Attorney Nils Wyosnick is a lawyer with years of experience practicing Illinois DUI law and experienced in practicing Wisconsin DUI defense. Please call him at (608) 571-6237 for a free consultation and to see how he can help defend your driving privileges.

Implied Consent Suspensions / Wisconsin Administrative Suspension

Illinois will also issue a suspension to its drivers for refusing a breathalyzer or blood test following a DUI arrest or for submitting to a test and yielding a result over the legal limit. In Illinois, a suspension following a DUI arrest is called a Statutory Summary Suspension. In Wisconsin, it is known as an Administrative Suspension or Refusal Revocation, depending on the scenario.

If an Illinois driver receives a suspension following a DUI arrest in Wisconsin, the Illinois Secretary of State will also issue a suspension against driving privileges, upon receiving notice of the suspension.

It is also very important for drivers facing a Wisconsin DUI / OWI to remember that Wisconsin allows only TEN days to request a challenge to the suspension! Therefore, time is of the essence.

Length of Suspension and Revocation:

REVOCATIONS: An Illinois driver convicted of a Wisconsin DUI will face the following revocation period:

If no prior DUI convictions = 1-year Revocation;

If 1 prior DUI conviction = 5-year Revocation;

If 2 prior DUI convictions = 10-year Revocation;

If 3 prior DUI convictions = Life revocations, eligibility for restricted privileges after 5 years.

SUSPENSION: An Illinois driver facing a Wisconsin DUI will receive the following suspension period:

Chemical test refusal = 12-month suspension, if considered a first-time offender*

Chemical test refusal = 36-month suspension, if not a first-time offender.

Compliance with test and BAC of .08 or higher = six month suspension, if first-time offender.

Compliance with test and BAC of .08 or higher = 12-month suspension, if not first-time offender.

*For the determining the length of a suspension (not a revocation), Illinois considers drivers first-time offenders if they have not been found guilty of a DUI related offense or received a DUI related suspension within the previous 5 years from the date of arrest.

With so much at stake, it is absolutely essential that an Illinois driver seek knowledgeable, zealous legal representation to help prevent a revocation. Attorney Nils Wyosnick is a lawyer with years of experience practicing Illinois DUI law and experienced in practicing Wisconsin DUI defense. Please call him at (608) 571-6237 for a free consultation and to see how he can help defend your driving privileges.