Illinois Ups the Ante for First-Time DUI Offenders

July 19, 2009

Illinois has doubled the penalties for first-time DUI offenders. It has also made ignition interlock devices mandatory for first-time offenders who want to reclaim their driving privileges.

July 19, 2009 /24-7PressRelease/ -- Illinois Ups the Ante for First-Time DUI Offenders

Article provided by The Law Offices of Thomas Glasgow, Ltd.
Visit us at http://www.glasgowlaw.net

Across the country, state legislatures have been busy passing round after round of legislation increasing the penalties for DUI convictions, attempting to deter people from drinking and driving. Illinois has been a leader in enacting progressively stricter DUI laws that can make even a first-time offense a life-altering event.

Effective as of January 1, 2009, Illinois has doubled the penalties for first-time offenders. It has also made ignition interlock devices mandatory for first-time offenders who want to reclaim their driving privileges.

Longer License Suspension Periods

Under the new laws, first-time offenders are subject to having their driver's license suspended for six months, instead of three months, upon conviction for a DUI. Drivers who refuse to take a breathalyzer after being pulled over on suspicion of a DUI may lose their driving privileges for one year upon conviction. Under the previous law, refusal to take a breathalyzer resulted in a loss of driving privileges for six months.

Ignition Interlock Devices Required for First-time Offenders

First-time offenders now also must install a breath-alcohol ignition interlock device (BAIID) in all vehicles they drive if they want to regain driving privileges. The device must be installed after the driver has finished the initial 30 days "hard" suspension period, which is 46 days after the DUI arrest.

Previously, only second and subsequent DUI offenders were required to install the devices into their cars. Drivers are required to blow into the BAIID in order to start their vehicles. The device then will analyze the driver's breath to determine if there is any alcohol present. If the device detects the driver has a blood alcohol content (BAC) of 0.025 or more, the car will not start.

The state regulates the types of BAIIDs Illinois drivers may use and maintains a list of approved providers. Drivers are required to pay the costs for installing the devices in their vehicles as well as a monthly maintenance fee. The costs can reach $1000 or more, making BAIIDs cost prohibitive for some drivers who simply cannot afford the devices in addition to the other costs, fees and penalties associated with a DUI conviction.

Under the old law, drivers could apply for a judicial permit in order to receive restricted driving privileges. The permit would allow drivers only to travel to work, to school, or to the doctor's office or other medical facility. Drivers who have installed BAIIDs, however, are not subject to travel limitations and may drive anywhere as long as it is in a vehicle equipped with an ignition interlock device.

The BAIID records every time the driver breathes into the device. It also keeps track of any attempts by the driver to disengage the device or otherwise tamper with it. The device sends a report of any violations by the driver to the judge in charge of the driver's case.

Drivers caught operating a vehicle without the required device, however, may be charged with a Class 4 felony and be required to pay additional fines as well as face from one to three years in jail. Drivers also may be punished if they tamper with the device or have someone else blow into the device to start the vehicle. Penalties for tampering include up to $2500 in fines and up to 364 days in jail.

Defending Against Your DUI Charges

DUI charges in Illinois trigger two different legal processes: a civil process and a criminal process. The civil process involves the suspension or revocation of driving privileges, while the criminal process determines whether the driver will have to spend time in jail. Attorneys experienced in defending DUI charges can help drivers challenge both the civil and criminal aspects.

The ways a DUI lawyer can help defend against DUI charges include:
-Challenging the circumstances of the stop and the grounds for arrest
-Challenging the breathalyzer results
-Challenging the police officer's assessment of the driver's intoxication if a breathalyzer test was not administered

In some situations, an attorney may be able to successfully apply for supervision for a first-time offender. After a driver has been found guilty or pled guilty to his or her first DUI charge, the court may allow the driver to complete a supervision program. If the program is completed successfully, no conviction will be entered on the driver's record (although the arrest will remain on the books). During supervision, the driver will be required to complete an alcohol treatment program and attend a victim impact panel, in addition to any other requirements imposed by the court.

Conclusion

Those facing a first DUI may have no idea of the seriousness of the charges against them or the full impact a DUI conviction can have on their lives. DUI laws have become so strict that there truly is no such thing as an innocent mistake when it comes to drinking and driving. But with the help of an experienced attorney, first-time offenders may be able to lessen the impact of the charges against them and preserve as much as their freedom as possible.

For more information on Illinois' new DUI and breathalyzer law, please view Attorney Thomas Glasgow's informative video.

Article provided by The Law Offices of Thomas Glasgow, Ltd.
Visit us at http://www.glasgowlaw.net

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