Will a DUI Affect My Driver’s License in Other States?

Chicago Criminal Defense Attorney Explains the Hidden Reach of a DUI Conviction

Getting arrested for driving under the influence in Chicago can shake your entire life. Illinois law treats DUI offenses under 625 ILCS 5/11-501, which makes it a crime to operate a vehicle with a blood-alcohol concentration of .08 or higher or while under the influence of alcohol, drugs, or any intoxicating compound that impairs your ability to drive safely. Whether it’s your first DUI or a repeat offense, the penalties can follow you far beyond Cook County.

Many people are surprised to learn that a conviction—or even the administrative suspension of your driver’s license—does not stop at Illinois’s borders. Because Illinois participates in the Driver License Compact, information about your DUI can be shared with nearly every other state. That means losing your Illinois driving privileges could trigger restrictions, suspensions, or denials of license renewals in your home state or any state where you later move.

As a Chicago DUI defense lawyer, I’ve seen countless clients discover these ripple effects only after they’ve relocated or applied for a new license elsewhere. What begins as a local traffic stop on Lake Shore Drive can turn into a multistate legal headache. Understanding how Illinois law, interstate agreements, and your criminal record interact is crucial to protecting your license—and your future.

How Illinois Classifies DUI Offenses and the Penalties You Face

Under 625 ILCS 5/11-501(c), a first-time DUI is typically charged as a Class A misdemeanor, punishable by up to 364 days in the Cook County Jail and fines up to $2,500. However, aggravating factors—such as driving with a suspended license, transporting a child under 16, or causing great bodily harm—can elevate the offense to a Class 4 felony or higher.

If you’re convicted of a DUI in Illinois, the Secretary of State will suspend or revoke your driver’s license. For a first conviction, you face a minimum one-year revocation. A second conviction within 20 years brings a five-year revocation, and a third conviction results in a 10-year loss. A fourth or subsequent conviction can lead to a lifetime revocation.

The Illinois penalties often include mandatory alcohol evaluation, substance-abuse treatment, installation of a breath-alcohol ignition interlock device (BAIID), probation, community service, and costly reinstatement fees. More severe cases—such as DUI with death or great bodily harm—fall under Class 2 felony status, carrying potential prison sentences of 3 to 7 years or more.

Beyond criminal sentencing, the Illinois Secretary of State’s administrative actions operate separately from the criminal court. Even if your criminal case is dismissed, a positive breath or blood test—or a refusal—can trigger a statutory summary suspension of 6 to 36 months.

What Happens When You Move or Drive in Another State

Because Illinois is a member of the Driver License Compact (DLC), it reports DUI convictions and suspensions to other member states. Nearly every U.S. state belongs to the compact, except Michigan, Wisconsin, and Georgia. However, even non-member states frequently share data through the National Driver Register (NDR).

If you are convicted of a DUI in Chicago but hold a driver’s license from another state, Illinois will transmit notice of the conviction to your home state. Most states then apply their own penalties as if the offense occurred there. This could include license suspension, required alcohol programs, or points against your record.

For example, if you live in Indiana but are arrested for DUI while visiting Wrigleyville, the Illinois court’s report to the NDR could prompt the Indiana Bureau of Motor Vehicles to suspend your Indiana license for the same period Illinois would have suspended it. The same holds true if you later move to another state—your record follows you.

A DUI conviction can also impact your ability to rent cars, obtain certain jobs requiring driving privileges, and maintain affordable insurance rates nationwide. Even years later, an employer’s background check may flag your DUI conviction, closing doors you didn’t expect.

The DUI Investigation and Arrest Process in Chicago

Most DUI arrests in Chicago begin with a traffic stop, often in neighborhoods like River North, Lincoln Park, or along the Kennedy Expressway. Officers observe your driving behavior—speeding, swerving, or failing to signal—and may claim to notice signs of impairment such as bloodshot eyes or slurred speech.

After asking questions, the officer may request you to perform Standardized Field Sobriety Tests (SFSTs): the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. If you fail or refuse these tests, you can still be arrested based on the officer’s observations alone. Once at the station, you’ll be asked to submit to a breath or blood test under Illinois’s implied-consent law (625 ILCS 5/11-501.1). Refusing this test leads to an automatic suspension of your driving privileges—regardless of whether you’re later found guilty.

Law enforcement may also collect dash-cam or body-cam footage, witness statements, and chemical test results to build their case. A defense attorney can challenge each step, from whether the officer had lawful grounds to stop your vehicle to whether the testing equipment was properly calibrated.

A Realistic Chicago Case Example

A client was stopped in the West Loop after leaving a downtown event. The officer alleged she drifted across the lane line once and noticed an odor of alcohol. She admitted having one drink and complied with field tests. The officer still arrested her, and her breath test registered .09.

We immediately obtained the squad-car video. The footage showed no visible lane deviation and no obvious impairment. Further investigation revealed that the breathalyzer had not undergone its required calibration check within 60 days as mandated by the Illinois Administrative Code. We filed a motion to suppress the breath test results under 725 ILCS 5/114-12, arguing that the arrest lacked probable cause. The judge agreed, excluding the breath evidence, and the prosecution dismissed the charge.

This case illustrates how details in police procedure can determine your outcome—and how experienced defense can protect your license and record.

The Criminal Case Process and Why You Need an Attorney

After an arrest, the process begins with your bond hearing in Cook County Court, followed by arraignment, where charges are formally read and pleas entered. Next comes pretrial discovery, during which the defense demands evidence such as police reports, chemical-test data, and body-cam videos.

The trial stage is where strategy becomes critical. Prosecutors must prove every element beyond a reasonable doubt. A defense lawyer challenges probable cause for the stop, reliability of chemical testing, and compliance with constitutional rights.

Even if a plea agreement is possible, a Chicago criminal defense attorney ensures that your plea protects your driver’s license, employment, and future record. Without counsel, defendants often unknowingly accept terms that trigger longer suspensions or permanent revocations.

Appeals and reinstatement proceedings before the Secretary of State are also complex. Having legal guidance during each phase—from arrest to post-conviction hearings—can prevent irreversible mistakes.

Collateral and Life Consequences of a DUI Conviction

Beyond jail and fines, a DUI conviction carries social and professional fallout. Employers in Chicago’s financial district, hospitals, and government agencies often run background checks that reveal misdemeanor and felony convictions. Certain professional licenses through the Illinois Department of Financial and Professional Regulation may be suspended or revoked.

Insurance companies routinely raise premiums after a DUI conviction, labeling you a high-risk driver. College students can lose scholarships; parents can face child-custody complications; and non-citizens may risk immigration consequences.

Even after completing court requirements, your criminal record remains accessible through public databases. Illinois law provides limited expungement and sealing rights for DUI offenses, and most DUI convictions cannot be expunged. Only dismissals, acquittals, or certain supervision outcomes allow sealing.

The emotional toll of a conviction can also be immense—loss of reputation, strained family relationships, and career stagnation. These broader consequences are why prompt, skilled representation matters.

Potential Legal Defenses in an Illinois DUI Case

Every DUI case is different, but effective defense strategies often focus on probable cause, testing accuracy, and constitutional rights. Common arguments include:

• The officer lacked reasonable suspicion to initiate the stop under Terry v. Ohio standards.
• Field-sobriety tests were improperly administered or affected by medical conditions.
• Breathalyzer or blood-draw results are unreliable due to calibration errors or chain-of-custody issues.
• Statements were taken in violation of Miranda rights.
• There was insufficient evidence to prove actual impairment.

By filing suppression motions and demanding evidentiary hearings, your attorney can force the prosecution to justify every piece of evidence. Many cases collapse when challenged properly.

What to Look For in a Chicago Criminal Defense Attorney

When your license and freedom are on the line, the lawyer you choose matters. Look for someone with extensive experience in Illinois DUI and criminal law, strong trial results in Cook County courts, and a record of securing charge reductions or dismissals.

A qualified Chicago DUI lawyer should be familiar with local judges, prosecutors, and the nuances of each courthouse—from the Daley Center to the Maywood and Bridgeview branches. Equally important is accessibility; a lawyer who answers your questions, explains the process, and prepares you for each step can make all the difference.

Questions to Ask During a Free Consultation

Before hiring an attorney, ask meaningful questions such as:

• How many DUI cases have you defended in Cook County?
• What percentage of your practice focuses on DUI and criminal defense?
• How do you approach cases with potential interstate license consequences?
• Can you personally appear at all court dates, or will an associate handle them?
• What are the realistic outcomes based on my record and facts?

The consultation is your chance to gauge whether the attorney has the insight and commitment needed to protect your future.

Chicago DUI Defense FAQs

Will an Illinois DUI appear on a background check in other states?
Yes. Once a conviction is entered, it becomes part of the national criminal database accessible by most states and private employers.

Can I get a hardship or restricted driving permit?
Under Illinois law, some drivers may qualify for a Monitoring Device Driving Permit (MDDP) or Restricted Driving Permit (RDP) after meeting conditions such as installation of a BAIID and proof of insurance.

What if I refused the breath test?
A refusal triggers a statutory summary suspension of 12 months for a first offense and 36 months for subsequent refusals. An attorney can request a hearing within 90 days to challenge the suspension.

Can an out-of-state DUI affect my Illinois license?
Yes. Illinois honors DUI convictions reported from other states and can impose its own revocation or suspension periods.

How long does a DUI stay on my Illinois record?
Indefinitely. DUI convictions in Illinois cannot be expunged or sealed, though certain non-conviction outcomes may be eligible for sealing.

What happens if I drive while my license is revoked for DUI?
You could face new charges under 625 ILCS 5/6-303, a Class A misdemeanor or Class 4 felony depending on prior offenses.

Can I fight my case even if my BAC was over .08?
Absolutely. Breath tests can be inaccurate, and prosecutors still must prove actual impairment and compliance with testing rules.

What counties does The Law Offices of David L. Freidberg serve?
We represent clients throughout Cook, DuPage, Will, and Lake Counties, and across the greater Chicago area.

How soon should I call a lawyer after a DUI arrest?
Immediately. Critical deadlines—such as the 90-day window to challenge your suspension—begin the moment you’re served with a notice of summary suspension.

Why You Need The Law Offices of David L. Freidberg

Trying to manage a DUI case alone is a costly mistake. From administrative hearings to criminal trials, each step demands knowledge of Illinois statutes, evidentiary rules, and local court practices. A misstep can cost you your license, employment, and freedom.

At The Law Offices of David L. Freidberg, we’ve spent decades defending DUI and criminal cases in Chicago and across Cook County. Our approach is aggressive, evidence-driven, and designed to protect your rights at every stage—from the traffic stop to reinstatement of your license.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.