You were celebrating the holidays in Illinois with friends or relatives. You had a few drinks too many before starting the long drive to your home state. Before you left Illinois, a trooper pulled you over, and now you are charged with DUI.

What can you expect? Can you get any consideration for the fact you live out of state?

Unfortunately, the case cannot be transferred to your home state. Your court appearances in Illinois are mandatory, and you will have to appear at least once. If you intend to contest your DUI—which is usually a good idea, you may have to come at least three to five times. However, in some instances, your attorney may be able to work something out in advance with the prosecutor so that you won’t have to appear on your first date. It may also be possible to schedule other court dates to some extent around your availability.

If you plead guilty or are convicted at trial, you will be required to get an alcohol evaluation. The evaluation must usually be done in the same county as your offense. The evaluation will recommend some level of treatment such as alcohol classes. If the judge allows, you may able to complete your requirements in your home state.

If you do get an out of state DUI, do not treat it lightly. Depending on where you live, a DUI in Illinois can have serious consequences in your home state.

If you are charged with DUI or a similar offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. An attorney can also help you navigate through the court system to minimize the amount of stress and inconvenience of an out of state offense.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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