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2016 Changes to Illinois DUI Laws

Posted on in Driver's License

Illinois dui laws, Crystal Lake DUI Defense AttorneysAn arrest and conviction for driving under the influence (DUI) of drugs or alcohol can lead to serious consequences for a driver. In addition to the possibility of jail time, drivers also face license suspension and fines that can seriously impact their lives. While these consequences are generally still in effect, this year brought with it new changes to Illinois DUI laws that will be a welcome relief to some drivers convicted of DUI.

Under the new changes, Illinois drivers who have two or more DUI convictions will now be required to have a Breath Alcohol Ignition Interlock Device installed on their car for five years, in addition to obtaining a Restricted Driver's Permit in order to drive their vehicles and later have their licenses reinstated.

A BAIID device records a driver's blood alcohol content after a driver blows into it, and therefore prevents the driver from driving if his or her blood alcohol level is over .025. BAIID devices also take photographs of the person blowing into the device to ensure the permitted driver is the one driving the vehicle. The Secretary of State has a division that monitors the installation of BAIID devices on the vehicles of eligible drivers, as well as monitors the readings from the devices.

First-time DUI offenders wishing to drive during a period of license suspension had to wait a certain time to apply for a Monitored Device Driving Permit. Under the new changes, however, first-time DUI offenders will no longer have a 30-day wait to apply for a permit to allow them to drive their vehicles as long as the vehicles are fitted with a BAIID device. All vehicles registered to a driver must be fitted with a BAIID if one is required under the law.

Perhaps the most significant change is allowing drivers with four or more DUI convictions to apply for a restricted permit, and thereby regain the right to drive under certain circumstances. Under the previous law, Illinois drivers convicted of four or more DUIs lost their driver's licenses permanently. Now, after a five-year period of revocation and proving that they have been sober for three years, drivers with four or more convictions can apply to have their driving privileges reinstated, although on a restricted basis.

These changes are supposed to recognize the reality that even drivers who have been convicted of DUIs need means to get to work, take their children to school or daycare, or otherwise have a need to operate a vehicle. In many cases, these drivers have taken steps to address their alcohol or drug issues, and may be driving anyway out of necessity. The changes in the law allow for a legal way for these drivers to drive, while at the same time affording society the security of knowing that the drivers cannot operate a vehicle without being tested by the BAIID.

Contact Us For Legal Assistance

If you are facing DUI charges, you need an experienced DUI attorney handling your case. Contact our experienced Crystal Lake DUI defense attorneys at Botto Gilbert Lancaster, PC for professional assistance with your case.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=3533&GAID=13&SessionID=88&LegID=89721

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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