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History of DUI in Illinois, part three

Posted by Steven H. Fagan | Jul 15, 2015 | 0 Comments

Effective Jan. 1, 2002:

  • The Illinois General Assembly amended the Illinois Vehicle Code making DUI in a school zone an aggravated DUI, which is a Class 4 felony, where an accident results in bodily harm, while driving at any speed.
  • The legislation increased the fine where an additional $100, that is collected from a DUI violator for distribution to the law enforcement agency making the arrest, shall be increased to $200 for a second or subsequent DUI conviction.
  • A person convicted of DUI is required to pay an additional $100 fine, which is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers.
  • A person sentenced to prison for a conviction of reckless homicide is prohibited from having their driving privileges reinstated until two years after the date of their release from prison. This period does not commence until the expiration of any period of mandatory supervised release or parole.

Effective July 16, 2002:

  • The Illinois Vehicle Code and Criminal Code of 1961 was amended to provide for the seizure and forfeiture of the vehicle of a person convicted of driving on a revoked or suspended license if the suspension or revocation was the result of a DUI conviction, a conviction of leaving the scene of a personal injury accident, a conviction of reckless homicide, or a statutory summary related to use of alcohol, drugs, or intoxicating compounds.
  • The amendment provided that if the spouse of the owner makes a showing of hardship and if the vehicle is the family's only source of transportation, the vehicle may be forfeited to the spouse. And, the amendment provided that forfeiture to spouse is allowed only once per vehicle.

Effective Jan. 1, 2003:

  • The Liquor Control Act of 1934 was amended to provide that local liquor commissioners have the duty to report to the Illinois Secretary of State any conviction for a violation of the act's provision, or a similar provision of a local ordinance, prohibiting a person under the age of 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alteration of identification cards, the use of the identification card of another or a false or forged identification card.
  • The Illinois Vehicle Code was amended to provide the Illinois Secretary of State with the authority to suspend or revoke, without a preliminary hearing, the driver's license or learner's permit of any person convicted of violating any of the prohibitions of the Liquor Control Act of 1934 provision or a similar provision of a local ordinance.

Effective July 18, 2003:

  • The Illinois Vehicle Code was amended to provide that a person commits aggravated DUI if they commit DUI after a previous conviction for that offense, if the previous offense was the proximate cause of a fatal accident.
  • The amendment provides that a person also commits aggravated DUI if the DUI offense is the proximate cause of a fatal snowmobile, all-terrain vehicle, or watercraft accident.
  • The amendment increases the maximum prison sentence for aggravated DUI from 13 years to 14 years if the offense resulted in the death of one person and from 26 years to 28 years if the offense resulted in the death of more persons.
  • The involuntary manslaughter and reckless homicide provision of the Criminal Code of 1961 was amended by deleting all language pertaining to reckless homicide committed while under the influence of alcohol or any other drug or drugs. (Public Act 93-0213)
  • Mandatory minimum fines of $500 for a first offense and $2,000 for a second offense for a person convicted of providing alcohol to a person under age 21 were established.If the underage person is involved in an incident where a death occurs, the person who provided the alcohol may be convicted of a Class 4 felony, which carries possible imprisonment of 1-3 years and a fine of up to $25,000.

Effective Jan. 1, 2004:

  • The Code of Criminal Procedures Act of 1963 was amended to provide that the court may impose as a condition of bail of a defendant charged with DUI that the defendant refrain from operating a motor vehicle not equipped with a BAIID.
  • The amendment provided that the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an BAIID in the course and scope of the defendant's employment. (Public Act 93-0184)
  • The Illinois Vehicle Code was amended to provide that any person convicted of or pleading guilty to DUI of alcohol, drugs, or intoxicating compounds, including any person receiving a disposition of court supervision for the offense, may be required by the court to attend a victim impact panel presented by one of several specified organizations.
  • Also, all costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.
  • The operation of a watercraft or snowmobile is prohibited while under the influence of intoxicating compounds.
  • The Snowmobile Registration and Safety Act was amended to provide that agents of the Department of Natural Resources and other duly authorized police officers may seize and impound a snowmobile involved in an accident or in a violation of the DUI or reckless driving provisions of the act.
  • The amendment specified the circumstances in which the snowmobile may be towed and circumstances in which a snowmobile may be released to someone other than the driver.
  • The DUI provision and related provisions of the act to provide that the Department of Natural Resources, rather than the Department of Conservation, is responsible for enforcement of the DUI provision.
  • A person convicted of or pleading guilty to DUI, including any person receiving court supervision for the offense, may be required by the court to attend a victim impact panel.
  • Authorized the court to order a defendant charged with DUI to refrain from operating a vehicle not equipped with a BAIID as a condition of bail.

Effective June 1, 2004:

  • Changed the reckless homicide provision to include any person convicted of reckless driving in a construction or maintenance zone that results in the death of an individual.
  • The offense is a Class 2 felony with possible imprisonment of 3-14 years; possible imprisonment of 6-28 years if a single incident involving the deaths of two or more persons.

Effective July 6, 2004:

  • Established leaving the scene of a crash as a Class 4 felony, with possible imprisonment of 1-3 years.
  • Decreased the time allowed to report leaving the scene of a crash to local law enforcement from one hour to 30 minutes.

Effective July 12, 2004:

  • Provided that a person convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted full driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
  • Established the offense of aggravated DUI for a person committing DUI who was previously convicted in another state of an offense similar to the Illinois reckless homicide statute and the driver's intoxication was an element of the offense.

Effective Oct. 1, 2004:

  • Established a legal right of action for unlimited civil damages under the Drug or Alcohol Impaired Minor Responsibility Act against any person who is injured by an impaired person under 18 years of age has a right of action for damages against any person:      
    • Who, by selling, giving, or delivering alcoholic liquor or illegal drugs or
    • Who, by permitting consumption of alcoholic liquor or illegal drugs causes or contributes to the impairment of a person under 18 years of age.
  • Provides that an action for damages is barred unless it is commenced within two years after it arises. (Public Act 93-0587)

Effective Jan. 1, 2005:

  • Provided that a driver convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
  • Established that a person who commits DUI is guilty of aggravated DUI if he/she has previously been convicted in another state of an offense similar to the Illinois reckless homicide statute.

Effective July 7, 2005:

  • Authorized Illinois courts to impose more severe jail or prison sentences for a driver convicted of reckless homicide or DUI while operating a vehicle in excess of 20 mph over the posted speed limit.

Effective Jan. 1, 2006:

  • A driver seeking a judicial driving permit (JDP), who is subsequently charged with driving on a suspended driver's license or with another DUI before the JDP has been issued, is no longer eligible for a JDP.
  • If a driver has been issued a JDP and is charged with another DUI, the JDP will be cancelled.
  • The penalties are increased for DUI while transporting a child under the age of 16.
  • A person charged with a felony DUI may not be prosecuted by a municipal attorney and the state's attorney is prohibited from giving a municipal attorney this authority.
  • The penalties are increased for a fifth or subsequent conviction of driving on a suspended or revoked driver's license.
  • The penalties are increased for a driver convicted of aggravated DUI causing the death of one or more persons.
  • The penalties are increased for a third, fourth or fifth DUI conviction.
  • A sixth or subsequent DUI conviction is classified as a Class X felony.
  • A driver arrested for leaving the scene of an accident involving a death or personal injury is required to submit to chemical testing and a statutory summary suspension if they refused to submit to or fail a chemical test. A driver is subject to testing within 12 hours of the accident.
  • A person charged with DUI, who has no valid driver's license or is not covered by liability insurance, may be charged with aggravated DUI and their vehicle is subject to seizure and forfeiture.
  • A driver involved in a fatal crash or a crash resulting in severe injuries that result in the injured party being carried from the scene is required to undergo chemical testing.
  • Tougher penalties are established for a person over the age of 21 who is convicted of DUI while transporting a child under the age of 16 that results in a crash and bodily harm to the child.
  • A driver convicted of aggravated DUI because the DUI violation is the cause of death of one or more persons will be sentenced to imprisonment, unless the court determines that extraordinary circumstances exist and require probation.

Effective May 8, 2006:

  • Municipalities are authorized to charge a DUI offender with a municipal misdemeanor offense for any conduct that constitutes felony DUI if the state's attorney rejects or denies felony charges for that conduct.

Effective June 28, 2006:

  • The circuit court is authorized to collect additional fines from drivers convicted of DUI to be used for DUI enforcement and prevention.

Effective Aug. 31, 2007:

  • A parent/legal guardian is prohibited from knowingly authorizing or permitting any person under age 21 to consume alcohol in their home by failing to control access to the alcohol in the residence.

Effective Jan. 1, 2008:

  • Local liquor commissioners are required to report to the Illinois Secretary of State's office court supervisions violations relating to the transfer, possession and consumption of alcohol for persons under age 21.
  • Penalties are increased for driving with a revoked driver's license, permit or privilege to operate a motor vehicle if the revocation was the result of a reckless homicide offense.

Effective June 1, 2008:

  • A petition to contest the suspension of a person's driving privileges is required to be filed within 90 days of the effective date of the suspension if the suspension was the result of refusal to undergo alcohol/drug testing, or because drugs, intoxicating compounds or alcohol were found in the driver's system. Eligibility for driving relief is dependent upon whether the denial of all driving privileges may cause undue hardship.
  • A driver convicted of four or more DUI offenses, leaving the scene of an accident involving death or personal injury, and/or reckless homicide is prohibited from receiving an RDP.
  • The Illinois Secretary of State's office is authorized to revoke the driving privileges of any person under age 21 convicted in another state of an offense similar to the Illinois DUI statute.
  • The offense of reckless homicide is established for a driver who kills a person in a posted school, construction or maintenance zone while driving more than 10 mph over the posted speed limit or under the influence of alcohol or other drugs.

Effective Aug. 4, 2008:

  • If a person commits DUI outside the state of Illinois while their Illinois driving privileges are revoked or suspended due to a previous DUI or a similar provision of the Illinois Vehicle Code, it is a Class 4 felony.

Effective Aug. 15, 2008:

  • Unused, opened wine purchased in a restaurant is allowed to be transported in accordance with Illinois law.
  • Charter buses being used for school purposes are prohibited from transporting, carrying or possessing alcohol in the vehicle.

Effective Jan. 1, 2009:

  • A first-time DUI offender is required to have a BAIID installed on their vehicle as a condition of driving relief and they must drive only a vehicle equipped with a BAIID.
  • The judicial driving permit (JDP) is replaced with the monitoring device driving permit (MDDP) for first-time DUI offenders.
  • A driver with a BAIID installed in their vehicle due to a second or subsequent DUI conviction is required to submit to the Illinois Secretary of State DUI Administration Fund an amount not exceeding $30 for each month the device is used.
  • A $30 administrative fee is established and is to be paid by the offender for issuance of an MDDP to be deposited into the Monitoring Device Driving Permit Administration Fee Fund.
  • A DUI offender who initially chose not to request an MDDP is allowed to petition the court for an MDDP later in the suspension period. An offender is not eligible for an MDDP if they were previously convicted of aggravated DUI involving a death.
  • A MDDP is allowed to be cancelled if an offender is convicted of or placed on court supervision for specified offenses, or if an offender attempts to remove the BAIID from their vehicle without Illinois Secretary of State authorization.
  • The suspension period for a first offense for failing chemical testing is increased to six months and 12 months for a first offense for refusing to submit to chemical testing.
  • A driver with an RDP is allowed to transport children living in the person's household to and from day care or an acceptable educational institution.

Effective Aug. 11, 2009:

  • The penalties for a DUI conviction are increased following a conviction of reckless homicide or a similar provision in any other state to a Class 3 felony, rather than a Class 4, with possible imprisonment of 2-5 years and a $25,000 fine.
  • Mandatory court-ordered restitution is established for all defendants convicted of DUI that caused personal injury or real or personal property damage.

Effective Jan. 1, 2010:

  • Vehicle seizure and forfeiture is allowed for driving with a revoked or suspended driver's license due to a reckless homicide conviction.

Effective Jan. 1, 2011:

  • An MDDP may be issued to a driver convicted of DUI in order to transport children, elderly persons or disabled persons who do not have driving privileges and are living in the driver's household.
  • Vehicle forfeiture is allowed for committing a DUI and knowing that the vehicle being driven was not covered by liability insurance.
  • The amount of an administrative sanction imposed upon a person convicted of DUI is increased from $500 to $750.
  • A person accompanying or providing driving instruction to a minor driver holding an instruction permit is required not be under the influence of alcohol, drugs, intoxicating compounds or any combination thereof.

Effective Feb. 14, 2011:

  • Provides for the automatic issuance of an MDDP by the Illinois Secretary of State (rather than issued by the court at the request of the offender) to an eligible first-time DUI offender. The offender may file a petition to decline issuance of the MDDP with the court.

Effective July 1, 2011:

  • A statutory summary revocation of a driver's license or privileges is required for a driver who refuses chemical testing after being involved in a vehicle accident resulting in serious injury or death to another person.

Effective Aug. 8, 2011:

  • Injuries incurred while an employee is engaged in commission of aggravated DUI or reckless homicide and subsequently convicted shall not be eligible for workers' compensation benefits.

Effective Aug. 22, 2011:

  • If a law enforcement officer has probable cause to believe a driver is operating a vehicle under the influence, the officer shall request that a chemical test be performed on the driver.

Effective Jan. 1, 2012:

  • Local municipalities may impound vehicles and impose administrative fees on a vehicle where the driver was arrested for driving under the influence. If unclaimed, the vehicle can be disposed of as determined by the municipality. The registered owner of the vehicle may request a hearing to contest the fees.
  • Employers of school bus drivers may request an alcohol/drug test if reasonable suspicion exists that a driver may be under the influence. The employer must report to the Illinois Secretary of State within 48 hours if the school bus driver refuses to submit to testing, or if the driver tests positive for an alcohol concentration greater than 0.00 percent or any type of illegal drugs. A positive test or a refusal to submit to testing results in a three-year suspension of the school bus driver's permit.

Effective July 20, 2012:

  • The Illinois Secretary of State shall immediately revoke for a period of one year the driving privileges of a person convicted of a second or subsequent conviction of illegal possession while operating or in control of a motor vehicle.

Effective Jan. 1, 2013:

  • A parent or guardian who knowingly permits their residence, or any other private property under their control, to be used by an invitee under the age of 21 for the purposes of underage consumption of alcohol, is guilty of a Class A misdemeanor.
  • A motor vehicle used by an individual who is driving on a suspended or revoked license is subject to seizure and forfeiture if the person's driving privileges were revoked or suspended as a result of:      
    • DUI;
    • leaving the scene of a motor vehicle accident involving personal injury or death;
    • failure to submit to drug or alcohol testing; or
    • reckless homicide.Individuals under the age of 25, who are arrested or charged and receiving court supervision for a misdemeanor violation of the reckless driving statute and with no other conviction for DUI or reckless driving, shall not be eligible for sealing or expungement of the violation from their record until reaching the age of 25.

About the Author

Steven H. Fagan

Steve Fagan graduated from the University of Illinois in Urbana/Champaign with a degree in political science. He earned his law degree from Chicago-Kent College of Law. Before being admitted to the bar, Steve prosecuted for the village of Arlington Heights, Illinois under a special certificate fr...

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