Illinois DUI Lawyer Blawg

For most of this country's life, matters dealing with local public safety, including DUI and traffic laws, have been the responsibility of state government. The one notable exception has been the rules of the road governing traffic on the Interstate highway system, whose funding comes primarily from the federal government, and of course the Interstate highway systems crosses the boundaries of all the states.

Beginning in 1984 and continuing to this day, that changed. While beyond the Commercial Driver's License CDL law Congress has not explicitly injected itself into traffic laws, it has done so indirectly. When it wants states to do something, Congress uses the coercive power of the purse: if a state does not pass a law Congress believes it should, Congress withholds federal highway money.

Prior to 1984, the age at which a person could purchase, or possess, or consume alcohol varied among the states. In Illinois, the age for beer and wine was 19, and it was 21 for distilled alcohol. In Iowa, the age for all alcoholic beverages was 18.

Today, the drinking age in Illinois is 21. 235 ILCS 5/6-16 It is the same in all 50 states. No state wants to forfeit federal highway funds.

At one time, each state was free to set its own legal limit for blood alcohol content, or to have no limit at all. In Illinois, the limit was initially 15, later lowered to .10. Today, it is .08. (625 ILCS 5/11-501(a)(1)), as it is in all 50 states. The reason for this is, that's how the federal government wants it to be.

The federal government has gotten involved more directly pertaining to CDLS It has been accepted that because over-the-road truckers cross state boundaries, a uniform set of laws benefits both the motoring public and the trucking industry. While the federal government has not written a specific CDL law, it has set forth guidelines that all states are required to follow at the risk of losing their ability to issue CDLS if they fail to do so. Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 2701 et seq.]

Continue reading "Congress gets behind interlock devices" »

Mothers Against Drunk Drivers (MADD) is convinced that the answer to DUI (Driving Under the Influence) is to require anyone convicted of DUI to install an ignition interlock device. In Illinois, this is known as a Breath Alcohol Ignition Interlock Device (BAIID)

A machine designed to measure the alcohol content of your breath is wired into your vehicle's ignition. The device has a mouthpiece attached to it. You must blow into the mouthpiece and not register above a certain alcohol level in order for your vehicle to start. The results of all breath samples are stored and provided to the Illinois Secretary of State. 92 Ill. Adm. Code §1001.441

MADD, along with the manufacturers and installers of the BAIID machines, relentlessly promote the use of this device. After all, if the DUI "crisis" were ever alleviated, neither organization would have a reason to exist.

These organizations use their lobbying and campaign contributions at both the federal and state level. Their latest target is Massachusetts. They are promoting that first time DUI offenders be required to use an interlock device. It is a safe bet that at some point, they will set their sites on Illinois.

The law in Illinois with relation to when BAIID is required is more than a little confusing for someone who does not specialize in DUI. There exist two separate situations in which BAIID is required and within each of those situations, there are exceptions to the requirement.

To understand the differences, you must keep in mind that there are two prongs to a DUI arrest. At the time of a DUI arrest, the police will ask you to submit to a blood or breath test to determine what your blood alcohol content is. 625 ILCS 5/11-501.1

If you choose to submit to testing and register a level of .08 or greater, those results can be used against you in the DUI prosecution, as operating a motor vehicle with a BAC above .08 is illegal, or in other words, a crime. 625 ILCS 5/11-501 Even if you elect not to submit to testing, the state can charge you with driving while impaired by alcohol, or in other words, straight DUI.

Upon being convicted of a DUI, you face criminal consequences, (jail and or fines). For purposes of BAIID issues, the more important consequence of a DUI conviction is a driver's license revocation.

Once your driver's license is revoked because you were convicted of DUI, you must have a hearing with the Illinois Secretary of State. 625 ILCS 5/6-208 As Illinois law presently stands, you are not required to have BAIID in the event you are issued a restricted driving permit (RDP) or full reinstatement if this is your only DUI disposition in this or any other state. 625 ILCS 5/6-205(c) and 6-206(c)3

Furthermore, if you have had a previous DUI arrest and avoided being convicted of the DUI and your statutory summary suspension from the earlier arrest was rescinded, you are not BAIID required. And if you were not convicted of a prior DUI and received an SSS but the previous SSS was more than 10 years ago, you are not BAIID.

Continue reading "Interlock Devices in connection with an Illinois DUI " »

The law in the state of Illinois contains specific provisions for what happens to you if you are arrested for Driving Under the Influence (DUI). You will face various criminal consequences, such as fine and jail, as provided in 625 ILCS 5/11-501 et. seq. Furthermore, there will be various driver's license consequences.

If you are convicted of the DUI, your driver's license will be revoked for 1, 5 or 10 years, depending upon how many previous DUI convictions you have on your record. And if this represents your fourth or more conviction after January 1, 1999, your driver's license and driving privileges in Illinois will be subject to a lifetime revocation 625 ILCS 5/6-208. In order to be allowed to drive again following an Illinois driver's license revocation, you must have a hearing through the Illinois Secretary of State.

The other aspect of your DUI arrest involves an automatic suspension of your driver's license, which will typically take effect on the 46th day following your DUI arrest. This is known as a "statutory summary suspension" or SSS. An SSS goes away without a hearing after the suspension period ends.

If you agree to submit to testing to determine your blood alcohol level and register .08 or higher, your driver's license will be suspended for 6 months if you have not had a DUI arrest in the previous 5 years (known as a "first offender") The first offender suspension will be 1 years if you decide not to submit to testing. 625 ILCS 5.6-206.1

Someone who has had a DUI arrest in the previous 5 years is a non first offender. A non first offender who registers .08 or higher will be suspended for 1 year, while one who refuses faces a 3 year suspension. A non first offender is not entitled to drive for any reason during the entire suspension period. 625 ILCS 5/6-208.1 (g)

If you are first offender, you cannot drive at all during the first 30 days of a statutory summary suspension. Thereafter, you are entitled to a Monitoring Device Driving Permit (MDDP) unless:

1. Your driver's license is otherwise invalid (revoked, suspended, expired).
2. You were charged with a DUI that resulted in death or great bodily harm.
3. You have a previous conviction for reckless homicide.
4. You are less than 18 years of age. 625 ILCS 5/6-206.1(a)(1)- (a)(4)

In order to receive an MDDP, you must agree to install a Breath Alcohol Interlock Ignition Device (BAIID) in all motor vehicles that you operate during the SSS period. BAIID is a machine that ties into your vehicle's ignition system and detects the alcohol content of your breath when you blow into a tube, a step that is necessary for your vehicle to start.

Continue reading "Confiscation and sale of motor vehicle due to MDDP violations" »

When you are arrested for a Driving Under the Influence (DUI) charge in Illinois, you are dealing with two separate but related issues. One issue involves only your driver's license. The other involves the criminal aspect of the case, the DUI arrest and the possible consequences involving jail, fines, probation etc.

At the time of a DUI arrest, the police will almost always ask you to submit to some sort of testing (blood, breath or urine). The purpose of the test is to determine if you have a certain level of alcohol in your system (in Illinois, the legal limit is .08) or any amount of illegal drugs. 625 ILCS 5/11-501.1

It is your decision whether to agree to testing. If the tests show something illegal, your driver's license is subject to a suspension for 6 months if you have not had a DUI in the previous 5 years or 12 months if you have. 625 ILCS 5/6-208.1

These are "first offender" suspensions. That can be confusing because this may not be your first DUI offense. However, if the last one was more than 5 years ago, you are considered a first offender at least for the purpose of this suspension.

You may refuse the tests. If you do and this is you have had a DUI offense in the past 5 years, your driver's license is subject to a suspension for one year. If you refuse under those circumstances, you will be suspended for 3 years. 625 ILCS 5/6-208.1 Persons in this situation are non first offenders.

All of the above suspensions are known as statutory summary suspensions (SSS). This is a legal term that means the suspension is basically automatic. However, because it is a suspension, it ends automatically at the designated time (6, 12 or 36 months).

The primary difference between a first offender and non first offender is that a non first offender cannot seek any type of permission to drive, not even for work. All the time on the suspension is known as "hard time", meaning no driving relief is available.

In contrast, during the SSS, a first offender is eligible for a special license knows as a Monitoring Device Driving Permit (MDDP) During all but the first 30 days of an SSS, the first offender can, with a few exceptions, drive anywhere, for any reason.

Once an SSS ends, you are free to drive without the BAIID provided your license is otherwise valid. Assume that you are convicted of the DUI, your license will be revoked and you must have a hearing with the Secretary of State.

One type of license you may request at a Secretary of State hearing (formal or informal) is known as a Restricted Driving Permit (RDP). Unlike an MDDP, an RDP is not automatic and involves a very intense driver's license hearing process.

Continue reading "Illinois Secretary of State prepares emergency rule for driver's license revocation cases" »

If you have been arrested for Driving Under the Influence (DUI) in Illinois you may be eligible for an MDDP during the time your driver's license is suspended. During a DUI arrest, you will be asked to provide the police with a breath or blood sample to determine whether your blood alcohol level exceeds the legal limit. In Illinois, as in all 50 states, the legal limit is .08.

If you submit a blood or breath sample and register above .08, or you refuse to submit, your driver's license will be suspended. A suspension, unlike a driver's license revocation, automatically ends when the suspension period is over.

Should this be your second DUI offense in the past five years, your license will be suspended for 1 year or 3 years. If you submit to a test, the suspension will be for 1 year. If you decline to submit, the suspension will last for 3 years.

As you can see, the law is designed to encourage you to submit to testing, in order to make it easier for the police to prove their case. You are not allowed to drive for any purpose during the 1 or 3 year suspension, not even with a restricted driving permit (RDP). This forces a non first offender to think long and hard about whether to offer a blood or breath sample.

On the other hand, if you have not had a DUI arrest in the 5 years preceding a current arrest, your suspension time will be shorter and you may be eligible for an MDDP. Notice that you may be eligible for the MDDP even if this is not your first DUI offense. You are considered a first offender for MDDP purposes so long as the arrests are more than 5 years apart, no matter how many arrests are on your record.

Continue reading "Recent Revisions to Monitoring Device Driving Permit (MDDP)" »

Since January 1, 2009, Illinois has authorized the issuance of Monitoring Device Driving Permits (MDDP). An MDDP allows you to drive for any reason, at any time, for any distance, during the statutory summary suspension. The statutory summary suspension occurs if you refuse to take a breath test, or take the test and register above the legal limit of .08.

In exchange for receiving driving privileges, you must agree to have a machine that tests for alcohol installed on any vehicle your drive (unless it is your employer's vehicle). The machine records the breath results and transmits them to the Illinois Secretary of State. You pay the Secretary of State to administer the program and you pay the provider of the machine to install, maintain and monitor the machine.

You cannot have an MDDP (or otherwise drive) if you have had a DUI arrest in the past 5 years. Even if you have not had a DUI arrest in the past 5 years, you do not qualify for the program if you:

1. Have an otherwise invalid driver's license.
2. Were charged with a DUI that resulted in death or great bodily harm.
3. Had a previous conviction for reckless homicide.
4. Are less than 18 years of age.
5. Are convicted of the DUI. In such cases, you may have a Restricted Driving Permit hearing with the Illinois Secretary of State.

Continue reading "Consequences of violation of the Illinois MDDP" »

As any lawyer familiar with Illinois DUI laws is aware, since January 1, 2009, Illinois has allowed drivers suspended for DUI to obtain a driving permit upon installation of a BAIID machine. Some commentators have questioned whether the MDDP program is effective.

The BAIID machine is part of the MDDP program. Evidence exists that the BAIID machine provides false alcohol readings caused by pizza, mouthwash, cough medicine and other substances other than alcohol. Therefore, we arguably have a program that is not only ineffective but also unfair.

The MPPD program comes into play when your license is suspended before you conclude your DUI case. On the other hand, if you are convicted of the DUI, your license will be revoked and you must have an Illinois Driver's license reinstatement hearing with the Illinois Secretary of State.

Continue reading "Some question reliability of the Breath Alcohol Interlock Ignition Device (BAIID)" »

Not every person who has a Driving Under the Influence conviction (DUI) is required to have the Breath Alcohol Interlock Ignition Device (BAIID) ("breath machine" or "blow machine").

The Breath Alcohol Interlock Ignition Device (BAIID) comes into play in many but not all Restricted Driving Permit (RDP) and reinstatement cases. The purpose of the machine is to detect alcohol on your breath.

If you are issued an RDP and are required to have a BAIID, you must hire a licensed installer to place the BAIID in any vehicle you intend to operate while the permit is in effect. The vehicle will not start unless you blow into a tube that is connected to the motor vehicle's ignition system.

In addition, while the car is moving, at random intervals you will be required to blow into the tube. The results are stored electronically in a computer chip that is part of the BAIID machine.

On a monthly basis, the results of the readings are electronically transmitted to the Secretary of State. If there are alcohol readings, the Secretary of State will mail you a letter requesting an explanation.

If the explanation is acceptable, that is the end of the inquiry. If the Secretary of State rejects the explanation and you are classified as alcohol dependent, the Secretary of State will cancel the permit or license. In that case, he will not give you a hearing to request a new license or permit for a year unless you successfully contest the cancellation by persuading a hearing officer that the alcohol readings and resulting cancellation were in error.

Continue reading "Breath Alcohol Interlock Ignition Device (BAIID) not always required for Illinois Driving Under the Influence (DUI) convictions" »