Safeguards For Those With Out Of State Licenses

Dui convictions for those with out of state drivers licenses in Johnson county poses yet another administrative challenge as related to the reinstatement of a license. One convicted of a dui in Indiana and holding an out of state drivers license must always be advised that as an administrative agency, an out of state department governing the issuance of drivers licenses is not required to obey the court ordered license suspension imposed by Indiana.

For example, although a judge in Johnson County may order a minimum 90 day license suspension for a first offense as governed by laws in Indiana, a state such as Illinois will impose a minimum one year suspension upon a conviction and notice no matter the order of the Indiana court

This is so because the terms governing the potential length of a driver’s license suspension are not ultimately determined by a court, but by the administrative licensing authority of the driver’s state of residence issuing the license.

Although most states will accept the Indiana order as related to the suspension of one’s license, unless holding an Indiana driver’s license, there is no guarantee that the court ordered term of suspension will be honored.

For this reason, it is always best that an experienced dui attorney in your issuing license state be consulted while your dui case is pending in Johnson county or anywhere in Indiana. This consultation can be critical in establishing the likelihood of any proposed Indiana license suspension being accepted by the licensing state.

If there exists any doubt that the Indiana suspension will be accepted and the possibility exists for residency to be established prior to the conclusion of such a dui prosecution, any and all steps must be taken to secure an Indiana license before the case is resolved.

Once the order of license suspension has been directed to the other state and processed, one convicted of an Indiana dui is at the mercy of that state’s administrative law and procedure as related to reinstatement terms and the ultimate length of any future license suspension.

Therefore if any opportunity exists to lawfully secure an Indiana license prior to any Indiana case resolution, one affected must pro actively be advised so as to take any and all steps necessary to allow a judicially imposed length of license suspension following an Indiana dui to be honored.