Criminal Law Questions? Ask a Criminal Lawyer.
DearCustomer- I will assume you never went to court for a DUI in IL since the offense occurred in another state. The suspension in IL was most likely an administrative suspension due to the interstate compact and had nothing to do with trying you for a DUI, which would be double jeopardy.
Many states have administrative suspensions in addition to criminal suspensions. You can file an appeal with your department of motor vehicles if you wish but I suspect that if you read the suspension paperwork from IL it will refer to a statute that says the suspension is administrative and not criminal in nature. Other suspensions of this type are for not having insurance or getting too many points accumulated or refusing a breath test.
David Kennett - JD - Attorney at Law
I understand and that is why I said it was an administrative suspension because you would have had to go to court for the court to have ordered it and that would be placing you in double jeopardy. As I said, many states have statutes which allow for suspension of a license because of a specific occurrence such as too many points, refusal to take a breath test, no insurance and, I presume in IL, receiving a DUI in another state. You received the suspension because of the conviction itself and not that you were convicted of a DUI in IL.
I really don't know how else to explain this. The IL revocation is NOT a criminal penalty but a civil one whereas the other state's suspension was a criminal penalty under the DUI laws of that state.