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What happens if someone runs (leaves state) while they have an open case?

Wheaton, IL |

if a person under 21 has an open DUI case and left IL and ran to a different state during an open case what will happen if they dont come back? does the case stay open and they look for the person throughout all the states forever? or do they eventually close the case and the person is left alone after a certain amount of years?

Attorney Answers 6


When the person fails to appear for a DUI when required the courts in most states issue a bench warrant ordering the arrest of that person. The warrant is entered into the NCIC database and is available to police all over the country. A bench warrant never goes away. If that person is stopped or is questioned by the police and they run a warrant check the person will be arrested in most cases. If IL decides not to extradite (bring the person back to IL) they woll be released. They might be held for several weeks while IL decides whether to extradite. That can happen ever and over. IL will also suspend the license and report the suspension to the National Driver Registry. The person can never legally drive until the suspension is cleared in IL.

My advice is do not run. The problems from running will only snowball into much bigger problems. Get a DUI lawyer in IL and get the case closed.

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At the very best the United States will for you be reduced to 49 states,and at the worst you may be extradited back to answer to the DUI charge and the warrant for failure to appear for the DUI charge.In addition no matter where you are stopped your national record-(National Crime Information Center) will list the outstanding warrant and DUI charge forever.In short dont run ,running is always worse that going back to fight the DUI

Victor Carmody

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There will always be a bench warrant for the Defendant who left the state until this is taken care of.

Furthermore, the Defendant will not be able to obtain a drivers license again in the USA without confronting this matter.

This will not just go away.

The Defendant needs to hire an attorney and sort this out with the court.

Many DUI attorneys offer free consults and reasonable payment plans.

Feel free to contact me with any questions you may have.

312-532-8554 OR

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I would suggest hiring an attorney immediately. Running away to a different state will not help you. You will have a warrant out for your arrest. The judge will not be happy that you have tried to evade a trial or disposition of your case.

An IL DUI attorney can review whether your original stop was a lawful stop, whether there was probable cause to arrest you, whether you were given appropriate warnings before taking the breath tests and/or field sobriety tests (walk and turn etc).

Also, this attorney could possibly help you with what is called a "rescission hearing" to get your license back where it is possible that the SSS (statutory summary suspension) of your license may be rescinded. You may also be able to get a driving permit now for driving if you qualify but you will have to get a BAIID (Breath Alcohol Ignition Interlock Device).

On January 1, 2009 , an amended DUI law took effect with the major new features as follows:

1) any first-time DUI offender is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his or her vehicle;
2)the new law increases the length of the statutory summary suspension from three months to six months for those offenders that failed the breath alcohol test at the time of arrest and from six months to 12 months for those offenders that refused the breath alcohol test at time of arrest;
3)DUI offenders are responsible for all costs associated with the BAIID device, which includes an installation fee of approximately $100 and rental and monitoring fees of about $110 per month.

I would be happy to speak with you at 773-627-4719 or via email at

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This warrant will be open until dealt with in IL. It will not vanish over time. Hire a DUI attorney to assist you.

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Had many clients contact me who cannot obtain a license in anohter state because of an IL DUI that has never been resolved. They are not happy to be informed that they must come back to IL to resolve the DUI

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