Practice Areas

NEW DUI LAWS
ILLINOIS CRACKS DOWN ON DUI LAWS

First Time Offenders and Supervision:

In Illinois, first time DUI offenders are usually eligible for a sentence of Court Supervision. If the sentence of Court Supervision is terminated successfully, it will not constitute a conviction on your driving record.

Now, in order to qualify as a first time offender, you must not have any prior DUIs on your record or have a Statutory Summary Suspension of your driving privileges within the last 5 years.

Additionally, you are no longer eligible for a sentence of Supervision on a first time DUI if you have already been sentenced to Supervision on two petty traffic offenses, even if the two petty moving violations were received in the same traffic stop.

Commercial Driver's License:

If you carry a commercial driver's license, any sentence you receive as a first time DUI offender, including a sentence of Supervision, will constitute a conviction on your driving record.

Effect on Driving Privileges:

As of January 1, 2009, the effects a DUI will have on a persons driving privileges are significantly different:

Firstly, the period of Summary Suspension will change. Any first time offender who submits to a chemical test which results in an alcohol concentration of .08 or greater shall have his driving privileges suspended for 6 months. Any first time offender who refuses to submit to a chemical test shall have his driving privileges suspended for 12 months. Any person other than a first time offender who submits to a chemical test which results in an alcohol concentration of .08 or greater shall have his driving privileges suspended for 1 year. Any person other than a first time offender who refuses to submit to a chemical test shall have his driving privileges suspended for 3 years.

Secondly, any individual convicted of DUI shall have their driving privileges revoked. Thirdly, any individual who has been convicted of 2+ DUIs shall be required to have an ignition interlock device on all vehicles owned by or registered to the individual.

Also, Illinois will no longer issue Judicial Driving Permits, at all. The accused only option will be to request a Monitoring Device Driving Permit (MDDP), which the defendant is not eligible for until after the 31st day of the Summary Suspension.

The MDDPs for Illinois will require either a BAIID or Scram Device. A BAIID device is similar to a breathalyzer in that you must blow into the BAIID Device and register your alcohol concentration level before your car will start. A Scram Device is a bracelet you wear which registers your alcohol concentration level. Please note, all costs affiliated with the device and the installation of the devise will be the accused's responsibility.

CAUTION: If you are caught driving a vehicle without the MDDP, it will constitute a Class 4 Felony, punishable by 1 - 3 years imprisonment.

If issued a citation for any traffic offense while driving with an MDDP, the Court who granted the MDDP, after a hearing, shall determine if the violation constitutes grounds for cancelling the MDDP.

Any violation of the requirements for using the MDDP which occur during the period of Summary Suspension shall result in a 3 month extension of the Summary Suspension. If the Summary Suspension is extended 3 times, the vehicle will be impounded for 30 days.

Driving Under the Influence with Passengers Under the Age of 16:

As of July 1, 2008, if you receive a citation for Diving Under the Influence while you have passengers under the age of 16 in the car, you will likely also be charged with Child Endangerment. Also, it will lead to a DCFS investigation and may result in the removal of the children from your care, custody, and control.

Additionally, any person who was Driving Under the Influence with passengers under the age of 16 in the vehicle is facing a sentence of a mandatory minimum of 6 months imprisonment, a $1,000.00 fine, and 25 days of community service.

Aggravated Driving Under the Influence:

An Aggravated DUI is a Class 4 Felony, punishable by 1 - 3 years imprisonment. A DUI is now elevated to an Aggravated DUI for any of the following reasons:

1.) It is a third or greater violation of Driving Under the Influence;

2.) The DUI was committed while driving a school bus with passengers age 18 or younger;

3.) While committing the DUI, there was a motor vehicle accident resulting in great bodily harm or permanent disability or disfigurement to another, and the DUI was the proximate cause of the injury;

4.) It is a second violation of Driving Under the Influence, and there is a previous conviction for Reckless Homicide relating to being under the influence of drugs or alcohol;

5.) While driving any speed in a school zone, the DUI was committed and there was an accident with a motor vehicle that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, and the DUI was the proximate cause of the injury;

6.) While committing the DUI, there was a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident resulting in the death of another person, and the DUI was the proximate cause of the death;

7.) The DUI was committed while the Defendant's driver's license was suspended or revoked because of a previous DUI, a motor vehicle accident causing death or injury, or Reckless Homicide;

8.) The DUI was committed and the Defendant did not possess a driver's license, permit, restricted driving permit, or judicial driving permit;

9.) The DUI was committed and the vehicle was not insured;

10.) While committing the DUI, there is a motor vehicle accident which results in bodily harm to a passenger of the Defendant's who is under the age of 16;

11.) It is a second violation of Driving Under the Influence, and the Defendant is transporting a person under the age of 16;

Mandatory Sentences:

The new DUI laws also carry mandatory sentences, including fines, community service, and jail time. CAUTION: If you receive a mandatory jail sentence for a DUI, it is not eligible for good time or day-for-day credit, nor does the Court have the authority to suspend or reduce the sentence. All mandatory jail sentences will be served out in their entirety.

A first conviction for DUI constitutes a Class A Misdemeanor, punishable by up to 364 days in jail. A first time offender whose alcohol concentration level is .16 or greater (two times the legal limit), is facing a mandatory minimum of 100 hours of community service plus a mandatory minimum fine of $500.00.

A second conviction for DUI constitutes a Class A Misdemeanor and carries a minimum term of either 5 days imprisonment or 240 hours of community service, plus a mandatory minimum fine of $1,000. If your second offense and your alcohol concentration level is .16 or greater (two times the legal limit), the sentence is a mandatory minimum of 2 days imprisonment and a mandatory minimum fine of $1,250.00.

A third or subsequent conviction for DUI elevates the offense to Aggravated DUI and constitutes a Class 4 Felony, punishable by 1 - 3 years imprisonment plus a mandatory minimum fine of $1,000.00.

A third conviction for Aggravated DUI constitutes a Class 2 Felony, punishable by 3 - 7 years imprisonment. If your third offense for Aggravated DUI and your alcohol concentration level is .16 or greater (two times the legal limit), the sentence is a mandatory minimum 90 days imprisonment and a mandatory minimum fin of $2,500.00. If your third offense for Aggravated DUI and you have a passenger under the age of 16, there is a mandatory fine of $25,000.00 and a mandatory 25 days community service.

A fourth conviction for Aggravated DUI constitutes a Class 2 Felony, punishable by 3 - 7 years imprisonment. It is not eligible for conditional discharge or probation. If your fourth offense for Aggravated DUI and your alcohol concentration level is .16 or greater (two times the legal limit), the sentence includes a mandatory minimum fine of $5,000.00. If your fourth offense for Aggravated DUI and you have a passenger under the age of 16, there is a mandatory fine of $25,000.00 and a mandatory 25 days community service.

A fifth conviction for Aggravated DUI constitutes a Class1 Felony, punishable by 4 - 15 years imprisonment. It is not eligible for conditional discharge or probation. If your fifth offense for Aggravated DUI and your alcohol concentration is .16 or greater (two times the legal limit), the sentence includes a mandatory minimum fine of $5,000.00. If your fifth offense for Aggravated DUI and you have a passenger under the age of 16, there is a mandatory fine of $25,000.00 and a mandatory 25 days of community service.

A sixth conviction for Aggravated DUI constitutes a Class X Felony, punishable by 6 - 30 years imprisonment. If your sixth offense for Aggravated DUI and your alcohol concentration is .16 or greater (two times the legal limit), the sentence includes a mandatory minimum fine of $5,000.00. If your sixth offense for Aggravated DUI and you have a passenger under the age of 16, there is a mandatory fine of $25,000.00 and a mandatory 25 days of community service.

The sentence for any Aggravated DUI which is aggravated because while committing the DUI, there was a motor vehicle accident resulting in great bodily harm or permanent disability or disfigurement to another, and the DUI was the proximate cause of the injury, the sentence of imprisonment shall be 1 - 12 years.

Any Aggravated DUI which is aggravated because while committing the DUI, there was a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident resulting in the death of another person, and the DUI was the proximate cause of the death, constitutes a Class 2 Felony. The sentence is a term of imprisonment of 3 - 14 years if it resulted in the death of one person. The sentence is a term of imprisonment of 6 - 28 years if it resulted in the death of two or more persons.

Any Aggravated DUI which is aggravated because while committing the DUI, there is a motor vehicle accident which results in bodily harm to a passenger of the Defendant's who is under the age of 16, carries a mandatory fine of $2,500.00 and a mandatory 25 days of community service.

Any Aggravated DUI which is aggravated because it is a second violation of Driving Under the Influence, and the Defendant is transporting a person under the age of 16, constitutes a Class 2 Felony, punishable by 3 - 7 years imprisonment. If the child passenger suffered bodily harm, but not great body harm, from a motor vehicle accident and the DUI was the proximate cause of the injury, the sentence includes a mandatory fine of $25,000.00 and a mandatory 25 days of community service.

Any sentence of Probation or Conditional Discharge for an Aggravated DUI also carries a minimum of 480 hours of community service or 10 days imprisonment.

For quality, affordable legal services, contact our criminal defense lawyers for a free consultation. We will protect your rights!

Kathryn L. Harry & Associates, P.C.