DUI laws just got a lot tougher
Effective Jan. 1, the DUI laws just got a lot tougher. This column will summarize some of the major changes of that motorists should be aware.
In the past, a driver with two or more Illinois DUI convictions was required to obtain a Breath Alcohol Ignition Interlock Device. The BAIID is a portable breath testing machine that is installed in the motorist’s automobile. Before the vehicle can be started, the driver is required to blow into the machine. The BAIID instantly analyzes whether there is any alcohol in the driver’s system and will not allow the car to start if the amount exceeds a certain limit, for example, 0.025 blood alcohol concentration. At certain random intervals, while the car is being operated, the BAIID also requires the driver to submit to a retest. If the driver refuses or fails the retest, it is designed so that the car’s horn will start honking, giving notice to any police officers of a potential violation.
In the past, these multiple offenders were required to maintain a BAIID in every motor vehicle registered in their name, either solely or jointly, as a condition of the issuance of any driving relief, for a period of 12 consecutive months, regardless of the type of driving relief issued. While the DUI case was pending, petitioners could then ask the court to issue a judicial driving permit for the purpose of driving to and from work, to and from the doctor, or for education purposes, for example. These restrictions included not only the purpose for which the motor vehicle could be used but also the times and days. Petitioners were also required to attend and successfully complete a DUI education course and treatment appropriate for his or her classification, significant risk or not.
If a person lost his driver’s license, that person was entitled to file a petition for a hearing for a restricted driving permit before the Illinois secretary of state’s office pursuant to the Illinois Vehicle Code and the Illinois Administrative Code. The burden of proof is upon the petitioner for any relief in the hearing. The standard of proof is by clear-and-convincing evidence. This standard is less than proof beyond a reasonable doubt, which is required in criminal cases, but more than a preponderance of the evidence required in civil cases. Thus, the road can be somewhat difficult to hoe.
Generally a court reporter is not present at these administrative hearings, but the hearing officer will make a tape recording of it. At the hearing, the hearing officer will review the evidence presented consisting of the petitioner’s sworn testimony and exhibits such as the petitioner’s driving abstract and reports and records from alcohol and drug abuse counselors or treatment centers, and the petitioner’s request for hearing and application for driving relief.
The key issue at the administrative hearing is whether the petitioner would be a safe and responsible driver if granted driving relief, and that he would not endanger the public safety and welfare. In some cases the petitioner was also required to prove that the denial of the privilege to drive would impose an “undue hardship” on him.
Since the first of the year, judicial driving permits have been eliminated. Now, first-time DUI offenders who lose their licenses will have to apply for monitoring device driving permits. These permits will allow them to drive but only if the vehicle is equipped with a BAIID device. This is a major change in the law as previously a driver seeking reinstatement of his driving privileges was not required to get a BAIID device unless he had at least two or more DUI convictions. Obviously, this also drives up the cost associated with getting a DUI as there are fees involved for both the BAIID device itself and the monthly monitoring of it.
Another major change is the doubling of the summary suspension periods. There is a legal presumption that anyone with a blood or breath alcohol concentration equal to or greater than 0.08 is intoxicated.
Further, since a driver’s license is a privilege and not a right, anyone driving in Illinois is assumed to have implicitly consented to a blood, breath or urine test to determine the alcohol content in their system. Previously, first offenders who refuse an officer’s request to submit to such testing have their licenses statutorily summarily suspended for six months starting on the 46th day after the date of service of the notice. Ironically, the licenses of first offenders who did agree to submit but were subsequently found to have a BAC of 0.08 or more also had their licenses summarily suspended, but only for three months.
Under the new law, those suspension periods have doubled and a refusal to submit to a field sobriety test will cost you a 12-month suspension of your license. If you voluntarily take the tests and they show a BAC level of 0.08 or more, the resulting suspension will be six months.
One reason for the new law is statistics showing that the vast majority of DUI arrests made in any given year are first-time offenders. One good thing for motorists is that the terms of a MDDP are much broader than the former JDP. The new permits allow drivers to operate a motor vehicle any place they may wish to go, and at any time, as opposed to only certain times, days and for specific purposes.
All the more reason not to drink and drive, and to have a designated driver.
Source : http://www.suburbanchicagonews.com/napervillesun/business/1420158,6_3_NA09_LAWTALK_S1.article