Legal Question in DUI Law in Illinois

Out of State OWI

hello, i am a resident of illinois and after receiving an OWI in wisconsin, i have completely settled everything with the state of wisconsin. i now wish to know what i need to do in the state of illinois to receive driving privilidges back there


Asked on 7/17/07, 7:56 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

IL Consequences of WI OWI / DUI Conviction

IL and WI have reciprocity agreements recognizing one another's traffic convictions, including those for drunken driving in the opposite state. IL is much harder on its own citizens who are convicted of drunken driving than WI is on them (for WI convictions) when it comes to reinstatement of driving privileges. The reason for this is probably because very few Illinoisans are ever convicted of first offense drunk driving at home since most get "judicial probation." That allows them to complete drug and alcohol treatment and accept their penalty without ever being convicted on the official records. Only the most incorrigible offenders fail this probation and actually get convicted. They are, appropriately, treated very harshly in the license reinstatement process; including many thousands of dollars in successfully completed treatment within nearly impossible time limits. They must then succeed in convincing the state government in Springfield that they will not re-offend in a difficult proceedural process. Unfortunately, the IL computer system treats its own citizens who are convicted in WI the same way as those who are convicted because they fail judicial probation. In WI, on the other hand, most drivers charged with drunk driving get convicted and the process to get their license reinstated here is a reasonable one. As an IL resident convicted here, you are in an extremely difficult situation. You need to consult with an experienced OWI attorney as soon as possible (possibly one is each state). Good luck!

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Answered on 7/20/07, 9:58 pm
JAY Nixon nixon law offices

IL Consequences of WI OWI / DUI Conviction

IL and WI have reciprocity agreements recognizing one another's traffic convictions, including those for drunken driving in the opposite state. IL is much harder on its own citizens who are convicted of drunken driving than WI is on them (for WI convictions) when it comes to reinstatement of driving privileges. The reason for this is probably because very few Illinoisans are ever convicted of first offense drunk driving at home since most get "judicial probation." That allows them to complete drug and alcohol treatment and accept their penalty without ever being convicted on the official records. Only the most incorrigible offenders fail this probation and actually get convicted. They are, appropriately, treated very harshly in the license reinstatement process; including many thousands of dollars in successfully completed treatment within nearly impossible time limits. They must then succeed in convincing the state government in Springfield that they will not re-offend in a difficult procedural process. Unfortunately, the IL computer system treats its own citizens who are convicted in WI the same way as those who are convicted because they fail judicial probation. In WI, on the other hand, most drivers charged with drunk driving get convicted and the process to get their license reinstated here is a reasonable one. As an IL resident convicted here, you are in an extremely difficult situation. You need to consult with an experienced OWI attorney as soon as possible (possibly one is each state). Good luck!

Read more
Answered on 7/20/07, 10:01 pm


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