Out-Of-State Conviction DUI Convictions In Illinois
In People v. Shaw, 189 Ill. App. 3d 808, 545 N.E.2d 778, 137 Ill. Dec. 125 (1989), the reviewing court held that section 6-303(d) did not specifically include the consideration of foreign DUI convictions in order to elevate the classification of an Illinois conviction and instead refers to sections of the Code. Shaw, 189 Ill. App. 3d at 809-10.
The State in Shaw attempted to use the defendant's prior DUI conviction from Iowa to charge him with a Class 4 felony after a second violation of driving with a revoked driver's license under the Code. Shaw, 189 Ill. App. 3d at 808-09.
Because section 6-303(d) is penal in nature, the Shaw court strictly construed the language against the drafter and declined to use an out-of-state conviction to charge the defendant with a felony when the statutory language did not state that foreign convictions could be considered. Shaw, 189 Ill. App. 3d at 810.