First and foremost, what exactly is a bi-state DUI? A Bi-State is a DUI where a person lives in one state and gets a DUI in another State. The repercussions of such a DUI could be catastrophic if you hire a lawyer who does not routinely handle these type encounters. As a general rule, this discussion will be one of general issues with an important caveat that the impact is drastically dependent on the laws of each state which is why it is crucial to retain the services of a lawyer who is familiar with the laws of both States involved. Additionally, it is crucial to understand not only the criminal side (jail, fines, etc.) but also the secretary of state side (the ability to drive in general).
Of important note, is that the Civil, Implied Consent hearing is separate and not dependent on the Criminal matter. Therefore, as a legal matter, winning or losing one has zero impact on the other. However, most, not all, attorneys treat them together which, in my opinion, is a mistake since the evidentiary requirements for the admission of evidence is drastically different. Further, some attorneys will tell clients that the civil matter is not important and not even bother filing the proper paperwork to attempt to save your license. In this author’s opinion such (in)action borders on malpractice.
What Happens To A Missouri Driver Who Receives A DUI In Another State?
Court Supervision- The significance of supervision is that Illinois does not treat this disposition as a conviction therefore, the negative consequences of a typical DUI conviction do not ever come to pass. As a general Rule, Missouri will only suspend a resident’s license for “convictions.” Therefore, if a Missouri resident receives a disposition of supervision, theoretically, their license would not be suspended. Theoretically, if a Missouri resident receives a DUI conviction or its equivalent they would likely receive 8 points which would result in a possible 30 day suspension.
Under Missouri law, the licensing authority must report any conviction of a resident from any other member state. Further, any conviction is to be given the same weight, force, and effect as if it were a conviction committed in Missouri.
Generally, Missouri will only suspend a Missouri license for “convictions” received from another state. In Missouri, a conviction requires that the driver plead guilty or was found guilty and the judge imposed a jail sentence, fine or both. Unless and until a jail sentence and/or a fine is imposed, there is no “conviction” and points will not be assessed. If your disposition in Illinois involves what is called “court supervision,” where no fine or jail sentence is imposed, you will probably be alright. If it is a second or higher offense, and the Illinois court is imposing a sentence be this a conditional discharge or Probation (even if execution of the sentence is suspended), Missouri will assess points.
As a practical matter, whether an out-of-state conviction will appear on a Missouri driving abstract depends in part on the reporting state’s accuracy and compliance with the National Registry and Problem Driver Point System. It is often the case that member states simply do not successfully comply or erroneously report.
Once a conviction is reported (upon occasion, Missouri will erroneously process a supervision as a conviction), Missouri will place the out-of-state conviction, or compatible, on the resident’s driving abstract just like a Missouri conviction and without notice to the resident.
Regarding the Civil implied consent suspension, a Missouri driver cannot be subject to suspensions or revocations on the basis of a DUI conviction or an excessive BAC. However, the out-of-state conviction may cause the resident to be subject to a Missouri point suspension or revocation. Additionally, it could result in the conviction being used for enhancement purposes on any subsequent DUI charge.