New Illinois DUI Laws for 2016
The ratio of alcohol to either blood or breath is known as a blood alcohol content (BAC) level. Since July 2, 1997, the blood alcohol content limit in Illinois has been 0.08%. Someone who has a BAC of 0.05% may also be charged with a crime if the driver appears impaired. The effect of alcohol is based on the amount of alcohol consumed and the rate at which it is metabolized and absorbed in the body. Other factors include gender, age, weight, and even mood. Prior to January 1, 2016, an individual convicted of driving under the influence (DUI) of either alcohol or drugs had an immediate suspension of their driving privileges of anything from 30 days to three years. This resulted in a large amount of individuals driving illegally.
Changes to the Law
As of January 1, 2016, a new set of laws went into effect to give a reprieve to those dependent on their vehicle for daily life. If an individual fails, refuses to submit to, or fails to complete chemical testing, there is an automatic suspension of driving privileges, effective 46 days after the suspension notice was given. The new law states that if this is your first DUI offense, a driver is now eligible to apply for a Monitoring Device Driving Permit (MDDP) during the first 30 days of suspension.
This requires the Secretary of State’s office to install a Breath Alcohol Ignition Interlock Device (BAIID) into any vehicle owned by the offender. This device also has a camera on it to capture an image as the driver takes the test. However, this does grant permission of the driver to drive anytime and anywhere as long as they are in that vehicle. An individual may choose to decline this privilege and abstain from driving during the set duration of the suspension, however, if that individual is caught for another DUI, it would be charged as a Class 4 felony.
Another new law that went into effect gives driving relief to those individuals with repeat DUI charges. These individuals are now eligible to apply for a Restricted Driving Permit during the statutory summary suspension. Other changes include:
- A person who has had their license revoked for life may apply for a Restricted Driving Permit after serving five years of the revocation if they can prove abstinence for three years.
- An individual with two or three offenses must apply for a Restricted Driving Permit, as well as have the BAIID installed in their vehicles for a period of five years, after which the individual may be eligible for a full restoration of driving privileges.
- New Illinois residents who have resided in Illinois for ten years but have had their privileges revoked from their prior state of residence due to a DUI are able to request an administrative hearing to apply for an Illinois Driver’s License.
- If someone is under the age of 21 and is stopped for possession or consumption of alcohol by a minor, they may not be charged if they:
- Request medical assistance.
- Remain at the scene after contacting authorities.
- Cooperate fully with the officers.
Contact an Experienced Illinois DUI Lawyer
Although laws are unbreakable, they do occasionally change. It is important to be aware of new laws and how they apply to you. However, sometimes that just is not possible. If you or a loved one have recently been charged with a DUI, we are here to help defend your rights and protected freedoms. It can be extremely beneficial to have a Maywood DUI defense attorney working for you. If you are in the Addison, Maywood, or Cook County, Illinois area, please call us at 630-834-9595 for your absolutely free and strictly confidential consultation.