Archive for the ‘new law’ tag

The Federal Government Wants to Lower DUI Levels

May 29th, 2013 at 6:35 pm

empty wine glassThe government has made various attempts in trying to reduce the number of alcohol related deaths.  They have raised the minimum drinking age from 18 to 21.  They have also lowered the permissible blood alcohol level to .08.  Now there might be a more drastic effort to eliminate traffic deaths caused by alcohol.

In recent news, the National Transportation Safety Board has recommended a reduction in the blood alcohol level which can lead to DUI arrests and convictions.  Although states are responsible for managing their own DUI laws, the federal government can force the states to change their laws by withholding highway funding.

“Our goal is to get to zero deaths because each alcohol-impaired death is preventable,” NTSB Chairman Deborah Hersman said. “Alcohol-impaired deaths are not accidents, they are crimes. They can and should be prevented. The tools exist. What is needed is the will.”  The lower threshold is only one recommendation presented by the NTSB to reduce fatalities involving alcohol.

Supporters of the change look at other evidence which corroborates the recommendation of the NTSB. For example, the reduction of alcohol related casualties in over 100 countries in Europe had in when they lowered their blood alcohol threshold to .05 percent.  After ten years of the lowered standard, deaths were reduced by more than half.

Detractors of the blood alcohol level modification point to other areas that should be targeted to reduce accidents.  Mothers Against Drunk Driving has three recommendations: ignition locks for all repeat offenders, better technology to stop drunk drivers from operating vehicles, and more law enforcement on the streets.

It may soon become a lot easier to be arrested for driving while intoxicated.  Some states have already amended their DUI laws.  If you have been pulled over due to suspicion of DUI, it is important to contact a skilled DUI defense attorney in DuPage County who has many years of experience.

image courtesy of freedigitalphotos.net

Updates to BAIID in vehicles of DUI offenders

May 9th, 2013 at 9:33 am

The SECRETARY OF STATE has adopted amendments to its “Procedures and Standards” (92 Ill Adm Code 1001; 37 Ill Reg 720), effective 4/19/13, concerning Breath Alcohol Ignition Interlock Devices (BAIIDs) issued to persons with restricted driving permits or monitoring device driving permits (MDDPs, for first-time DUI offenders). No later than July 1, 2013, all BAIIDs installed shall include a camera that captures a clear image of the individual blowing into the BAIID, at a sufficiently wide angle to determine whether a circumvention device has been inserted into the mouthpiece of the BAIID. Captured images shall be stored by the vendor of the BAIID device and made accessible to the SOS, as prescribed by the SOS. For persons in the firsttime monitoring driving permit program, preventing the camera from taking clear and accurate photos of the permittee blowing into the mouthpiece is a violation. Permit privileges shall be suspended for an additional 3 months when an image shows the MDDP permittee has used a product that allows the permittee to avoid blowing directly into the mouthpiece, or has tried to prevent a clear picture of the driver.

Posted in Illinois DUI Laws

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2013 Illinois DUI Sentencing Guide

October 18th, 2012 at 5:51 pm

First Offense

  • Class A Misdemeanor
  • Court Supervision up to 2 years
  • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11)
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines of $0-$2,500.00
  • BAC > .16 or greater
    • Mandatory 100 hours community service
    • Mandatory Minimum fine of $500.00
  • Passenger < under 16 years old
    • Subject to 6 months jail or 25 days community service in a program benefitting children
    • Subject to mandatory minimum $1000 fine and 25 days community service in a program benefitting children
    • Up to maximum fine of $2,500.00
    • If Bodily Harm to Passenger under 16,
      • Class 4 felony, min $2,500.00 to max $25,000.00 plus 25 days community service in a program benefitting children and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If suspended, revoked, or no license or no insurance, then
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If driving School Bus with pass < 18, Class 4 felony
  • If driving in a school zone with limit of 20 mph in effect and accident with bodily harm other than great bodily harm, permanent disability or disfigurement
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If prior Reckless Homicide
    • Class 3 felony non-probationable 2-5 years imprisonment
  • If Great bodily harm, permanent disability or disfigurement
    • Class 4 felony 1-12 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)] and
    • Minimum fine $2,500.00

Second Offense

  • Class A Misdemeanor
  • No Court Supervision – Mandatory Conviction
  • Revocation of Driving Privileges
  • Mandatory 5 days jail or 240 hours community service
  • DUI technology Fee of $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines of up to $2,500.00
  • If 2d DUI and prior reckless homicide, then Class 4 felony
  • If BAC >.16
    • Add additional 2 days jail to above penalties
    • Mandatory minimum fine of $1250.00
  • If Passenger < 16 years old
    • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I) and
    • min $2500.00 plus 25 days community service in a program benefitting children §11-501(d)(1)(K) and (I) and
    • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
    • If Bodily Harm to Passenger under 16,
      • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I), and
      • min $5000.00 to max $25,000.00
      • plus 25 days community service in a program benefitting children and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If Great bodily harm, disability or disfigurement to any person
    • Class 4 felony, from probation to 1-12 years imprisonment
    • Minimum fine of $5000.00 plus 25 days community service in a program benefitting children (any bodily harm per 11-501(d)(1)(K and I)
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If suspended, revoked, or no insurance, then
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If prior Reckless Homicide, or prior DUI resulting in death, then
    • Class 3 felony non-probationable 2-5 years
  • If accident with great bodily harm
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
    • Minimum fine $5,000.00

Third Offense

  • Class 2 Felony
  • 3-7 years imprisonment or
  • Probation up to 48 months, and
  • Mandatory minimum 10 days jail or 480 hours community service
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines up to max $25,000.00
  • If BAC > .16
    • Mandatory 90 days jail and
    • Mandatory minimum fine of $2500.00
  • If passenger < 16 years old
    • Mandatory minimum fine of $25,000.00 and
    • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
    • Class 2 felony, from 480 community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement; if any jail then must be minimum 1 year)

Fourth Offense

  • Class 2 Felony non-probationable
  • 3-7 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
    • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
    • Minimum fine $25,000.00 and
    • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
    • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

Fifth Offense

  • Class 1 Felony non-probationable
  • 4-15 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
    • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
    • Minimum fine $25,000.00 and
    • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
    • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

Sixth Offense

  • Class X Felony non-probationable
  • 6-30 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
    • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
    • Minimum fine $25,000.00 and
    • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
    • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

DUI Death

  • If violation of DUI proximately causes death to another
    • Class 2 felony
    • Minimum is probation, or 3-14 years for one death
    • Minimum probation to 6-28 years for 2 or more deaths
    • Judge must find extraordinary circumstances to award probation

 

Copyright Donald J. Ramsell 2013. No reproduction or copying authorized unless attribution to Donald Ramsell is included, and a link to this page is also included.
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