Last week, my husband received a DUI (his first ever) in Illinois. We are residents of Indiana. How does the fact that we''re IN residents but the DUI is in IL affect his case. Can IL revoke his IN driver''s license?
Optional Information: Indianapolis, IndianaAlready Tried: Just starting
Usually, the law of the state in which the ticket was given will govern the case. In Indiana, first-time or second-time DUI / DWI is typically charged as a Misdemeanor, not a felony. However, a third-time DUI / DWI, or a drunk driving case where someone suffers great bodily harm will be treated as a felony.
A first DUI / DWI offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.
DUI / DWI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500.
If you are convicted of a DUI / DWI, your driver's license and driving privileges will be revoked for a minimum of one year for the first DUI / DWI offense, five years for a second DUI / DWI offense committed within a 20-year period, and 10 years for a third or subsequent DUI / DWI offense.
Only first DUI / DWI offenders are eligible for judicial driving permits. JDPs are issued by the judge, and allow a person to drive to and from home to work, school, medical treatments (for any family member) and alcohol treatment from the 31st day of the suspension until the end of the suspension period.
Non-first- DUI / DWI offenders who fail chemical testing may apply for a restricted driving permit from the Secretary of State. Non-first - DUI / DWI offenders who refuse chemical testing are ineligible for any hardship licensing during the entire two-year period. However, a recent case has held that the lack of hardship relief to non-first - DUI / DWI -offenders who refuse testing violates equal protection and due process, and thus the trial court rescinded the two-year suspension. This case is presently on direct appeal to the Illinois Supreme Court.
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Reply to Adam Kirk's Post: What does "court supervision" mean? What does it mean that it will not be viewed as a conviction? When you say the "criminal case will be dismissed, but can't be expunged from the public record".....what does that mean for my husband?
Court supervision means Probation.
"Not be viewed as a conviction" means that if he got another DUI, it would not be a DUI 2nd - still a DUI 1st.
"Expunged" means that it is deleted from his record as if it never happened. This will not happen but his record will show that the DUI was dismissed.
I realize that Indiana will be "advised" of my husband's DUI in Illinois. Can Indiana assert Indiana LAWS/penalties just as if the DUI happened in Indiana? OR.....is Indiana not able to impose the same penalties as it would for an IN DUI?
The Indiana court has no jurisdiction over the DUI in Illinois - Illinois law must apply. Indiana cannot impose any penalties against your husband after he receives his penalty in Illinois - this would be double jeopardy.
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