Illinois DUI Lawyer Blawg
Mother’s Against Drunk Drivers (MADD) is an organization that began as a grassroots effort to change DUI laws. It is now a lobbying group that relies upon free publicity, intimidation of judges and prosecutors and political favoritism to get its way.
On an annual basis, it bestows various awards to recognize police agencies, politicians and others who bend to its will. It has awarded the State of Illinois “Five Stars” for its DUI laws and practices.
The first “star” is that for requiring breath alcohol ignition interlocks for all convicted drunk drivers. In fact, that is not the law in Illinois in all but a few situations.
Anyone who is convicted of at least two DUI offenses must have an interlock for at least 365 consecutive days after receiving authorization to drive. Because the driver has been convicted of DUI, that authorization must come through a formal hearing with the Illinois Secretary of State. 625 ILCS 5/6-208
At such a hearing, the offender must prove that he or she has resolved the alcohol or other drug problem that led to multiple DUI convictions. This is the only situation in which the driver must have an interlock for 365 days regardless of whether the Secretary of State grants full driving privileges or a restricted driving permit (RDP).
A person who has a revoked license but only one conviction will be required to use the interlock device if the offender has, within 10 years prior to the most recent DUI, incurred a statutory summary suspension arising out of separate DUI offenses. However, the interlock requirement only applies until the applicant’s driving privileges are reinstated. Thus, an applicant in this scenario who is reinstated as the initial form of relief will never be required to have an interlock following a single DUI conviction.
There is only one narrow circumstance in which a person with a single DUI conviction (and corresponding revocation) must use an interlock. If a driver who qualifies for and obtains a Monitoring Device Driving Permit (MDDP) is convicted of DUI while the permit is still in effect and then applies for an RDP, the interlock is required. If the driver surrenders the MDDP before the revocation, or never obtains an MDDP, or only applies for a full license, the interlock requirement does not apply.
So much for the first star.
The second point MADD awarded Illinois was for its use of sobriety checkpoints. Remember when Hitler checked everyone’s papers? Same idea.
Illinois is credited with creating enhanced penalties for driving drunk with children in the car. This is one of numerous forms of aggravated DUI that Illinois has adopted. 625 ILCS 5/11-501(d)
MADD also likes the fact that Illinois forces drivers to give up their right to refuse chemical testing (blood or breath) during so-called no refusal weekends. A judge is put on night call to rubber stamp search warrants that compel drivers to allow the state to suck blood from their bodies at the risk of being held in contempt of court. You can expect the next step to be allowing police to strap down accused drivers and forcibly draw blood.
The fifth star goes to Illinois for requiring administrative (Secretary of State) hearings before driving privileges of convicted drivers are restored.
Related posts:
What does the MADD survey regarding Central Illinois DUI convictions mean? January 4, 2013, Illinois DUI Lawyer Blawg
Springfield Illinois DUI Roadblocks January 28, 2011, Illinois DUI Lawyer Blawg