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Understanding Statutory Summary Suspensions and Revocations
If you have been stopped on suspicion of DUI in Illinois, you may be asked to submit to blood alcohol content (BAC) testing. Refusing to comply with test is legally your right, but your driver&s license will be automatically suspended for one year, and for three years if you have refused chemical testing in the past. Similarly, if the test results show a BAC level of 0.08 or higher, a 6-12 month suspension of your driving privileges will be imposed for a first offense.
Once your license has been suspended by means of a statutory summary suspension, the resulting limitations will be lifted upon the conclusion of the stated time period. You will also be required to pay a reinstatement fee of $250. The reinstatement fee for a subsequent suspension increases to $500, which must be paid before the suspension will be terminated.
DUI Evaluation Mandatory before Sentencing
When you have been convicted of driving under the influence, restoring your life and driving privileges can be a challenging process. As with many legal proceedings, the specifics of your case have a direct impact on the difficulties you will need to overcome. In fact, the state of Illinois has built into its laws a mechanism for taking such circumstances into account: prior to final sentencing, an individual convicted of DUI must submit to an evaluation to determine his or her level of addiction and likelihood of becoming a repeat offender.
As required by Illinois law, final sentencing in a DUI case will not take place until the convicted driver undergoes an approved alcohol and drug evaluation. In addition to a face-to-face interview with a qualified evaluator, the process also requires the review of the defendant’s driving history, results of any blood-alcohol content (BAC) chemical tests, and other relevant documentation. The interview will attempt to establish if a pattern of dependency or substance abuse is apparent, and the defendant’s responses will be compared against the provided documents.
Governor Amends Proposed Marijuana DUI Standard
Earlier this month, Illinois Governor Bruce Rauner exercised his amendatory veto power to send a marijuana-related bill back to the House and Senate for approval. The measure, as passed by the legislature, is a multi-pronged approach to easing the state’s criminal prosecution of marijuana offenses including low-level possession. It also, for the first time, offered an alternative to the current zero-tolerance policy in place regarding marijuana and driving under the influence (DUI).
DUI and Trace Laws
Under existing Illinois law, a driver can be charged with DUI if he or she is found to have any amount of marijuana in his or her system, regardless of apparent impairment. Traces of marijuana, however, can remain in the body for days or weeks after it is ingested and long after the effects have worn off. Thus, drivers who are not currently impaired or under the influence of the drug may still face charges for DUI.
Illinois BAIID Program Can Get You Back on the Road
Following an arrest or a conviction on charges of driving under the influence (DUI), you will likely face at least some period of suspension or revocation of your driving privileges. Being unable to drive can have a profound impact on your ability to continue working, furthering your education, or providing for your children. The state of Illinois, while continuing to take harsh stance against drunk driving, recognizes that, in some situations, getting you back on the road is necessary and offers several relief programs depending on your particular case. Each of them, however, requires the use of a breath alcohol ignition interlock device (BAIID), designed to prevent the occurrence of a subsequent DUI charge.
What is a BAIID?
A breath alcohol ignition interlock device, or BAIID, is essentially a personal breathalyzer. When required, the BAIID is installed in your vehicle, allowing it to control the car’s electrical systems and the ignition switch in particular. Once installed, the device will prevent your car from being started until you provide a breath sample to be analyzed for alcohol content. If your calculated blood alcohol content (BAC) is above a certain level—usually .025 percent—the vehicle cannot be started. The BAIID is also equipped with a camera to ensure the person giving the sample is also the driver. During operation of the car, the device may also require period re-checks, requiring you to pull over and provide an additional breath sample. All data collected by the device is submitted to the Office of the Secretary of State for review, and violations are subject in increased suspensions and possible expulsion from the program.
Understanding a No Contest Plea in an Illinois DUI Case
When you are arraigned on criminal charges of any type, including driving under the influence (DUI), you are given the opportunity to enter a plea. You may choose to plead not guilty and exercise your constitutionally-guaranteed right to a trial, or, depending on the evidence against you, you wish to avoid a trial, plead guilty, and accept your conviction. There may, however, be a third option available to you, one that is often used in conjunction with plea agreements. Based on the advice of a qualified criminal defense attorney, you may also be able plead no contest.
Nolo Contendere
The plea of no contest is sometimes referred to as nolo contendere, which is a Latin phrase meaning "I will not contest." Entering such a plea, in most cases, is similar to pleading guilty, but with a major notable difference. Pleading guilty indicates that the you acknowledge your role in the alleged crime, essentially admitting that you committed the act of which you are charged. As a result, you will be formally found guilty and a sentence will be imposed by the court. In a plea of no contest, however, there is no implied admission or denial of guilt; instead, you generally accept the penalties that would be associated with a guilty plea without officially being found guilty.
New Law Eliminates Driving Relief Waiting Period for First-Time Offenders
Previous posts on this blog have discussed, in fairly significant detail, some of the relief programs available to drivers whose driving privileges have been suspended for failing or refusing a blood alcohol content (BAC) chemical test related to the suspicion of drunk driving. Such programs have been made increasingly available to Illinois residents, as state officials shift their focus to addressing the behavior that leads to driving under the influence (DUI), and less on harsh consequences that end up creating more illegal activity. In keeping with the ongoing trend, a new law set to take effect on January 1, 2016, makes a number of changes to the state’s existing guidelines regarding driving relief programs, including the elimination of the 30-day "hard time" period for first-time offenders.
Current Standards
When a driver fails or refuses a BAC test, such as a breathalyzer, during a DUI stop, the Secretary of State’s office automatically suspends that person’s driving privileges. A first-time offender faces a suspension of six months for a failure and 12 months for a refusal. Repeat offenders will have their privileges suspended for 12 months for a failure and three years. Currently, a first-time offender is eligible for driving relief after 30 days, as long he or she is granted a Monitoring Device Driving Permit (MDDP) and installs a breath alcohol ignition interlock device (BAIID) on his or her vehicle. MDDP relief is not currently available to those who fail or refuse a second or subsequent time.
App Could Reduce Number of DUI Arrests During Holiday Season
A new service hit the market just in time for last year&s holiday season, aimed at reducing the number of drunk drivers on the road. As the holidays roll back around, the app, BeMyDD, continues to allow drunken party revelers to contact a team professional, fully-insured drivers who will drive a person and his or her car home for a mere $25, plus mileage.
Safety and Technology
The app, which first launched in Cleveland in 2010, was rolled out in Chicago at the beginning of December 2014. It also allows users to hire a driver for the entire evening, with a two-hour minimum time commitment. While there are several other car services vying for the attention of people who are unable to drive home, BeMyDD is different because it allows for people to use their own vehicles, rather than relying on an unfamiliar car. A spokesperson for the app said in a press release that, "between unpredictable prices and unprofessional drivers, the working professional and luxury set would rather rent a professional driver to drive their own cars for an important night on the town."
Missouri Breathalyzer Ruling Could Invalidate DUI Convictions
While the laws and court rulings in a neighboring state may not have a direct impact on Illinois residents, they can certainly highlight potential issues that could arise right here at home. Such may be the case with a recent decision by the Missouri Supreme Court as it reviewed a dispute regarding a one-word difference in the state’s regulations regarding the calibration of breathalyzer machines. The Court’s ruling this week found that breath test results collected over a 14-month period could not be used as evidence at trial, potentially providing thousands of convicted DUI offenders the basis for an appeal.
"And" vs. "Or"
At the core of the case was the Missouri law’s wording of the requirements for calibrating machines designed to calculate a person’s blood alcohol content (BAC) by using breath samples, commonly referred to as breathalyzers. Calibration of the machines is overseen by the Missouri Department of Health and Senior Services, and in December of 2012, the department amended the instructions for doing so. According to court documents, the new regulations required every machine to be verified and calibrated at BAC concentrations of .04, .08, and .10. Prior to the change—and again after the issue was noticed in February of 2014—the wording of the regulation required calibration at .04, .08, or .10. Any machine, therefore, that was not calibrated and verified with three separate tests during the 14-month window was technically not in accordance with state’s requirements, the Supreme Court ruled.
Unusual Traffic Violation: Woman Stopped for a Tree in Her Grille
It is virtually impossible for most people to imagine what an average day in the life of a law enforcement officer is really like. There is, of course, an increased level of danger compared to many other occupations, since even the most routine traffic stops can quickly turn violent or even deadly. Sometimes, however, a traffic stop is almost too outrageous to really comprehend. Such was the case earlier this year when police in Roselle pulled over a woman who was driving with a tree stuck in the front of her car.
"It Was a Big Tree"
In late January, a woman was pulled over by Roselle police on Roselle Road near Irving Park Road. According to the report filed by the police department, the woman was "stopped for driving with a large tree embedded in the front grille." The responding officers took photos of the situation which were later posted to the Roselle Police Department’s Facebook page just a few days ago. The photos show what appears to be about a 15-foot tree rising vertically from the hood of the woman’s 2004 Lincoln.
Think Twice Before Refusing a BAC Test
When you drive on Illinois roads and highways, you assume certain responsibilities for following the rules of the road and protecting the safety of those around you. As you know, law enforcement officials are regularly on the lookout for those who may be driving under the influence of alcohol or drugs. If you have been pulled over by police for any reason, and the officer has reason to believe you may be impaired, he or she will probably ask you to submit to a chemical test that measures your blood-alcohol content (BAC). While refusing a BAC test is, technically, an option, noncompliance with the officer’s request can have serious consequences to your life.
Administrative Penalties
You may have read or have been told that refusing a BAC test is your right. In some ways, this is true; you cannot be criminally prosecuted for such a refusal. However, you can and will be subject to administrative penalties issued by the Illinois Secretary of State’s Office, the government entity responsible for overseeing drivers’ licenses and driving privileges in the state. Refusing a BAC test will result in the suspension of your driving privileges for one year. If you have refused before, a second or subsequent refusal carries a three-year suspension. The administrative penalties for refusing a BAC test are actually more severe than those for failing such a test.
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