Intra State DUI

[bad-day0107]

What is the name of your state? NC & IL

I live in IL and was convicted in NC of DUI.

Any other similiar experiences (meaning two states involved) out there?

Difficulties establishing Limited Driving Privileges?

Insurance impacts?

So far this has been a nightmare beyond belief.

 

[seniorjudge]

There is no such thing as an "intra-state dui".

In fact, there is no such thing as an "inter-state dui".

All your questions, however, can be answered by a phone call to the bureaucrats who issued you your driver's license.

 

[sjmjuly]

c'mon seniorjudge, you couldn't come up with a better response than that?????

Anyway, while the judge is correct regarding intra-state DUI, you were arrested in a state that you do not live in or are licensed in - Correct?
The state that you were arrested in is the state you will need to go to court in and those laws will prevail. While NC does not have the authority to take your IL license away, it does have the authority to suspend your driving privledges in NC. The adminstrative suspension period take place unless you attend the DMV hearing to retain your restricted privledges in NC.
I am not well versed in the DUI laws in either state, but I highly suggest you obtain an attorney in the county you were arrested in. They will know if there are any first time offender programs you may be eligible for. Bottom line? It isn't pretty - No matter where you are arrested. DUI is ugly, ugly, ugly. I was arrested in Maryland, but lived and was licensed in Virgina. I was very lucky. Maryland had a first time offender diversion program that I was fortunate enough to complete and was not convicted of the offense.
I can tell you though, I learned a valuable lesson and will NEVER drink and drive again. It's just not worth the issues that follow.
If you are actually convicted, expect NC to notify IL and your license in IL will be suspended just as the offense took place in IL. States now talk to each other.
My advice? Face your responsibility, pay the fine IN FULL when you go to court, complete any and all programs they ask you to and never, ever drink and drive again. The life you save, could be your own.

 

[BigMistakeFl]

BigMistakeFl

NC cop might not physically take possession of your out of state license, but NC will suspend the license in all states.

 

[bad-day0107]

intra / inter state DUI

c'mon seniorjudge, you couldn't come up with a better response than that?????

Anyway, while the judge is correct regarding intra-state DUI, you were arrested in a state that you do not live in or are licensed in - Correct?

Correct. I am not a resident of NC. Income and property taxes are paid in IL.

The state that you were arrested in is the state you will need to go to court in and those laws will prevail. While NC does not have the authority to take your IL license away, it does have the authority to suspend your driving privledges in NC. The adminstrative suspension period take place unless you attend the DMV hearing to retain your restricted privledges in NC.

Everything you said has been proven. NC actually returned my IL license to me, then suspended/revoked my driving privileges in NC (after convicting me), then gave me restricted Driving Privileges in NC, then notified IL that NC had suspended/revoked by driving, then IL suspended/revoked my driving privileges in IL AND demanded all tags for ALL cars with my name on the title / registration. I have done my community service and am trying to sign up for class, but have (as you might expect) problems attending class due to transportation problems; i.e. not driving w/o a license.

My lawyer says I can drive in 49 of the 50 states (IL excluded) however I am sure my insurance company would reject any claims as I don't have a valid license.

I am not well versed in the DUI laws in either state, but I highly suggest you obtain an attorney in the county you were arrested in. They will know if there are any first time offender programs you may be eligible for. Bottom line? It isn't pretty - No matter where you are arrested. DUI is ugly, ugly, ugly. I was arrested in Maryland, but lived and was licensed in Virgina. I was very lucky. Maryland had a first time offender diversion program that I was fortunate enough to complete and was not convicted of the offense.
I can tell you though, I learned a valuable lesson and will NEVER drink and drive again. It's just not worth the issues that follow.

If you are actually convicted, expect NC to notify IL and your license in IL will be suspended just as the offense took place in IL. States now talk to each other.
My advice? Face your responsibility, pay the fine IN FULL when you go to court, complete any and all programs they ask you to and never, ever drink and drive again. The life you save, could be your own.

I am facing the truth which is that I won't be driving for the next two years, that my life is now totally screwed up, that I have a record, that I am now locked into staying with my current employer (due to the criminal record), and will never drink and drive again.

The ONLY high point is that my problems have had an incredible impact on everyone that knows me and knows of my situation. Ain't nobody drinking and driving anymore in my group.

 

[sjmjuly]

Well I hate to say it, but your lawyer is incorrect about you being able to drive in ANY state. If IL suspended your license, it's suspended - period. Doesn't matter what state you drive in. If your home state takes away your privledges, DON'T DRIVE. You don't have a license and you don't need to get a driving while suspended violation. Complete the time required for the suspension and pay the reinstatement fee. Then you should be legal to drive.

 

[JustAPal00]

Driving while suspended for DUI is a nightmare. Fines, jail, and longer suspensions. That is unless your famous!

 

[bad-day0107]

Thanks to all that replied. I had already decided to not drive anywhere under any circumstances but not for the reasons cited; i.e. driving w/suspended but because I know my insurance won't cover anything that might happen.

Spoke to an insurance agent; looked at my policy and it is my responsibility to notify insurance company IMMEDIATELY of any suspension / revocation AND that if they find out later that I was suspended / revoked they will cancel the policy as of hte date of the suspension.

Tomorrow I plan on getting a lawyer for IL to re-instate my driving privilege so I can get insurance. I will also notify the insurance company of my situation.

Man - This is a nightmare !!! I can't get to my classes w/o a car AND the lack of license is becoming more and more of a problem on my job.

I may need to change jobs, so now I also have to worry about a background check. Never seems to end......

 

[Shay-Pari'e]

I think it would be a waste of time to get a lawyer. Why should you be treated any diferent than someone else with a DUI? I don't see a judge giving you special treatment.

Please stop whining also, you and you only did this to yourself and should be gratefull you didn't kill someone.

 

[BigMistakeFl]

BigMistakeFl

You can get to your classes, just like I did during my suspension. Take a bus, ride a bike, walk, or bum rides from friends. It stinks, but you can do it.

I did not notify my insurance company, they have ways of finding these things out and do not depend on customers dicslosing it to them. I was not cancelled, but my rates went way up.

If you do look for another job, disclose the arrest and conditions up front. You may miss a couple of prospective jobs, but not telling them and them finding out through a simple background check will be worse for you.

 

[moburkes]

Thanks to all that replied. I had already decided to not drive anywhere under any circumstances but not for the reasons cited; i.e. driving w/suspended but because I know my insurance won't cover anything that might happen.

Spoke to an insurance agent; looked at my policy and it is my responsibility to notify insurance company IMMEDIATELY of any suspension / revocation AND that if they find out later that I was suspended / revoked they will cancel the policy as of hte date of the suspension.

Tomorrow I plan on getting a lawyer for IL to re-instate my driving privilege so I can get insurance. I will also notify the insurance company of my situation.

Man - This is a nightmare !!! I can't get to my classes w/o a car AND the lack of license is becoming more and more of a problem on my job.

I may need to change jobs, so now I also have to worry about a background check. Never seems to end......

I'm licensed in both of those states, and I've never been volunatirly told by a client that their license was suspended. OP, are you also required to file an SR22 in NC? I know of only 1 insurance company that writes that risk.