DUI / DWI

DUI is known by many different names and abbreviations:

DUI - driving under the influence

DWI - Driving While Intoxicated

OUI – Operating under Influence, Drunk Driving and so on

[DUI is governed by State Laws. Therefore, terminology differs from State to State.]

Driving under the influence (DUI) in Illinois is a serious offense that is classified in Illinois as a violent crime. If you are convicted of DUI, the offense will permanently remain on your driving record. If you are arrested and/or convicted, you may lose your driving privileges and be fined and/or imprisoned. Repeat arrests or convictions may result in greater penalties.

Arrest and conviction for DUI can be embarrassing, costly and inconvenient. If arrested, you will be taken to a police station or county jail and held there until bond is posted. Your car may be impounded (towed) and forfeited.

IMPLIED CONSENT LAW

When driving on Illinois roadways, you automatically consent to submit to certain tests following an arrest for DUI. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.

STATUTORY SUMMARY SUSPENSION LAW

If you are arrested for driving with a BAC of .08 percent or more and/or any impairing drug in your system, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender within a five-year period, your privileges will be suspended for 12 months if you fail the test or 36 months if you refuse to test. A test refusal may be used as evidence against you in the DUI court case. At the time of arrest, the officer will take your license and, if valid, provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

DUI CONVICTION

In addition to a Statutory Summary Suspension, you may be convicted of driving under the influence of alcohol, other drugs and/or intoxicating compounds. The first DUI conviction will result in the loss of your license for a minimum of one year. You also may be fined up to $2,500 and given a jail sentence of up to one year. If you are convicted of a second DUI offense within 20 years, you will lose your license for a minimum of five years. If this is the second offense within five years, in addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year. A third conviction, which is a Class 4 felony, will result in the loss of your license for a minimum of 10 years, a possible one to three years imprisonment and fines of up to $25,000. A fourth conviction will result in the loss of your license for life.

A person convicted of DUI with a BAC of .16 or greater or DUI while transporting a child under age 16, (in addition to the penalties that apply for each conviction) is subject to enhanced penalties including additional fines, community service and jail.A DUI also subjects you to high-risk auto insurance rates for three years. Before your driving privileges are restored, you must undergo an alcohol and drug evaluation and successfully complete a rehabilitation or alcohol and drug education program and/or meet other requirements.

recent changes to the DUI laws in Illinois

Effective January 1, 2009, the judicial driving permit (JDP), a hardship license formerly granted to first offenders was abolished for all people arrested on or after 1-1-09. What the new law does in place of the judicial driving permit is to create the Monitoring Device Driving Permit (MDDP). In essence, the law gives the first offender the option to drive after the 31st day of his suspension, for any purpose and at any time. Unless a defendant opts out of the MDDP law, the driver must agree to have a breath alcohol interlock ignition device (BAIID) installed on the car that the offender drives and the offender MUST pay for the device(s). If a driver is caught driving during a summary suspension and he has opted out of the MDDP, it is a Class 4 felony punishable by up to 1-3 years incarceration.

The MDDP is available only to ‘first offenders’, which is defined by statute. Essentially, a ‘first offender’ is a person who has had no DUI suspensions or findings of guilty in the past 5 years. However, you should speak to a qualified attorney to find out if you qualify for the MDDP because the statute sets out the circumstances where MDDPs are NOT available to certain first-time offenders.

COST OF Monitoring Device Driving Permit:

The MDDP law requires the offender to pay to the SOS an administrative fee of 30.00 per month. The entire number of months must be paid up front. If convicted of DUI you must take your vehicle to a certified BAIID installation company. These are private companies. There will be an installation fee (approximately $150.00) and a monthly fee for the device (approximately $115.00 per month).

Once installed, the device begins monitoring. It is initially uploaded to the SOS to notify them of installation. If not uploaded initially, then eventually the MDDP is cancelled.

MONITORING PROCESS:

After installed, you must bring the vehicle into the installer every 30 days for readings. The BAIID company sends a report to the SOS monthly, and the computer at the SOS looks for violations. There is a specific set of rules that have been set out by the Secretary of State of MDDP violations and other MDDP related issues.

If the offender is convicted of any moving violation during the MDDP period, the SOS shall extend the suspension for another 6 or 12 month period, depending on the suspensions initial length. Speak to an attorney about the specifics of your situation to determine how the new laws may effect your case.

Contact the law offices of Motta & Motta, L.L.P. and an attorney will answer your questions. You can call or email us for a FREE case opinion.

Phone: 630.844.2766
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