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The History of DUI in Illinois, part two

Posted by Steven H. Fagan | Mar 28, 2014 | 0 Comments

Effective Jan. 1, 1990:

  • During the first half of the 86th General Assembly, five other bills were enacted into law, including:   
    • To further strengthen underage DUI laws, the courts may, as a condition of probation or conditional discharge, restrict the driving privileges of a minor adjudicated delinquent for any alcohol, controlled substance or cannabis violation.
    • The penalty for reckless driving was changed from a Class B misdemeanor to a Class A misdemeanor. This law also amended the Unified Code of Corrections to require a person, whose DUI causes emergency services to be rendered, to make restitution for the costs of the services not to exceed $500,000.
    • A law was enacted to prohibit the operation of any water craft for a period of six hours after the arrest for operating a water craft under the influence of alcohol and/or drugs.
    • A law was enacted to clarify the language which allows the Illinois Secretary of State to suspend or revoke the driver's license or permit of a person who has been convicted of possession of cannabis or any controlled substance while operating a motor vehicle.
    • Passengers in a limousine were exempted from the prohibition regarding transportation or possession of alcoholic liquor in a motor vehicle.

Effective July 1, 1990:

  • A law was enacted which provides for a three-month statutory summary suspension regardless of the offender's status following submission to a chemical test which discloses any amount in such person's blood or urine of a drug, substance or compound as defined in the Cannabis Control Act or the Controlled Substances Act.

Effective Aug. 30, 1990:

  • Four DUI-related bills were passed by the Illinois General Assembly and signed into law by the governor.
  • The Crime Victims Compensation Act was amended by establishing the period in which to file an application for compensation.

Effective Jan. 1, 1991:

  • The law will allow for suspension or revocation for refusal to submit to chemical tests or a test result of 0.10 percent or more in the case of a crash resulting in serious injury or death.
  • The law also established a warning to be used by law enforcement warning of the possible suspension of a person's privileges to operate a motor vehicle if the person refuses to submit to the test or submits to the test with the result of 0.10 percent or more when the driver is involved in a personal injury or fatal motor vehicle crash.
  • The law defines personal injury as any injury that requires immediate professional attention in either a doctor's office or a medical facility.
  • Individuals convicted of DUI who are under the age of 21 or adjudicated delinquent may be ordered by the court to participate in the Youthful Intoxicated Driver's Visitation Program. The legislation also established guidelines for the program.

Effective July 1, 1991:

  • No driver's license or permit shall be issued to any applicant who has been convicted of or adjudicated of a violation of the Cannabis Control Act, the Controlled Substances Act or the Liquor Control Act of 1934.
  • The law provided that the Illinois Secretary of State shall cancel the license or permit of any person if the person is convicted of violating one of the above acts.

Effective Jan. 1, 1992:

  • A 12-month driver's license suspension will be given to a second or subsequent offender for a chemical test indicating any amount of a drug, controlled substance or compound.
  • Aggravated DUI became a Class 4 felony.

Effective April 1, 1992:

  • Any operator of a school bus involved in an accident is deemed to have given consent to submit to a test or tests of the driver's breath, blood or urine for the purpose of determining the presence of alcohol, or other drugs, in the person's system.

Effective July 1, 1992:

  • It became illegal to operate a watercraft under the influence of alcohol or drugs.
  • If a driver has been previously convicted of reckless homicide and had committed a DUI violation for a second time, the offense was noted to be aggravated DUI, effective Sept. 25, 1992.

Effective Nov. 3, 1992:

Established the Crime Victims' Rights Constitutional Amendment, which guarantees and protects the rights of crime victims, including those victimized by DUI.

Effective Jan. 1, 1993:

  • Any driver convicted of DUI within the last 10 years, rather than five years, is prohibited from receiving court supervision.
  • The Child Endangerment Law was established in order to increase the safety of our children in motor vehicles. The law required persons convicted of DUI provisions while transporting a person age 16 years-old or under to pay a minimum $500 fine and serve 10 days of community service if the second offense was committed while a child 16 years-old or younger was in the vehicle at the time of the offense.
  • The aggravated DUI offense was amended to make it a Class 4 felony if the person, while under the influence, was involved in a motor vehicle accident in which another person suffered great bodily harm, permanent disability or disfigurement rather than the, proximate cause of the injuries.
  • The eligibility requirement for court supervision was strengthened as the new law provided that a person convicted of DUI within the last 10 years, rather than five years, shall not be eligible for supervision.

Effective July 1, 1993:

  • An arresting officer may travel into an adjoining state where a person was transported for medical care to investigate a motor vehicle crash that occurred in this state and the person is considered arrested for driving under the influence.
  • Aggravated DUI penalties were increased to a mandatory jail sentence of at least 48 consecutive hours or a minimum of 100 hours of community service whichever the judge determines appropriate.

Effective Aug. 5, 1993:

  • A driver's license or permit may not be issued to a person under the age of 18 who has committed an offense that would otherwise result in a mandatory driver's license revocation by the Illinois Secretary of State.

Effective Jan. 1, 1994:

  • A person may not operate a watercraft when there is any amount of drugs in the person's blood from the use of cannabis or a controlled substance.
  • The Illinois Secretary of State may suspend a person's driving privileges if they were under the age of 21 at the time of an illegal transportation of alcohol offense.
  • The driver's license of an individual who has been previously convicted of illegal transportation of alcohol may be revoked.
  • The implied consent of an individual involved in a personal injury or fatal motor vehicle crash was deemed to have been given if the person was arrested as evidenced by a uniform traffic ticket or a similar provision of a local ordinance.
  • The law was changed regarding guidelines for the admissibility of written chemical tests of blood conducted in the regular course of providing emergency medical treatment.
  • The sale of liquor to a person under the age of 21, intoxicated, under legal disability or in need of mental treatment, was prohibited in addition to the use of false identification to obtain liquor. This law also raised the fines above specified amounts for certain offenses.
  • Any driver under the age of 21 convicted of illegal transportation of alcohol will have their driving privileges suspended for one year. For a second or subsequent conviction, a driver will have their driving privileges revoked.

Effective July 1, 1994:

  • Emergency treatment was modified to allow that the results of blood alcohol tests received and considered by the physician on duty need not be in writing.

Effective Jan. 1, 1995:

  • Zero tolerance legislation, which made it illegal for anyone under age 21 to be found with even a trace of alcohol in their breath, blood or urine, was signed into law by the governor.
  • If individuals drive while under the influence of alcohol, other drugs or combination of both while their license is suspended or revoked and the suspension or revocation was for a similar violation, the individual will receive a mandatory sentence of a minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment or 720 hours of community service. A second or subsequent violation committed within five years of a previous violation results in a minimum term of imprisonment of not less than 48 consecutive hours or 10 days of community service.

Effective July 21, 1995:

  • A driver is prohibited from receiving an RDP if he received a statutory summary suspension for a subsequent alcohol offense within five years for refusing to submit to chemical testing.

Effective Jan. 1, 1996:

  • Enhanced penalties for a second and subsequent violation involving a person driving with a revoked or suspended license or permit. They are guilty of a Class 4 felony if the original revocation or suspension was for a violation of another state's laws substantially similar to DUI or leaving the scene of an accident; provides enhanced penalties for second and subsequent violations for DUI committed within a five-year period of a previous violation of the law of another state; provides that the revocation provisions for a conviction of a person under the age of 21 for DUI are applicable to similar out of state convictions.

Effective Jan. 1, 1997:

  • Established a lifetime limit of serving one period of court supervision for a DUI offense.
  • Provided that results of a driver's blood or urine tests, performed for the purpose of determining the content of alcohol, other drugs or both, conducted during medical treatment in a hospital emergency room, may be reported to the Illinois State Police or local law enforcement agencies.

Effective July 2, 1997:

  • Eight years after it's introduction, Senate Bill 8 passed both houses of the Illinois General Assembly, effectively lowering the blood alcohol concentration level at which a person is presumed to be under the influence of alcohol from 0.10 percent to 0.08 percent.

Effective Dec. 1, 1997:

  • Increased the driver's license revocation period to five years for a driver convicted of a second DUI. Increased the revocation period to 10 years for a third or subsequent conviction within a period of 20 years.Increased the driver's license revocation period to two years for a driver convicted of reckless homicide as the result of a DUI arrest.

Effective Jan. 1, 1998:

  • Established a zero tolerance law for school bus drivers. A school bus driver caught driving a school bus with any trace of alcohol in their system will lose their school bus driver permit.
  • Increased the maximum fines for criminal penalties and the penalty for a petty offense to $1,000, a misdemeanor up to $2,500 and a felony up to $25,000.

Effective Jan. 1, 1999:

  • The vehicle code was amended to provide that various provisions, which apply to DUI of alcohol or drugs apply to driving under the influence of intoxicating compounds listed in the Use of Intoxicating Compounds Act.
  • Also, in various provisions relating to the presence of 0.08 percent or more BAC, or an amount of a drug, substance, or compound in the person's blood or urine, includes the presence of any of these described compounds in a person's breath.
  • The Illinois Secretary of State is now authorized to use ignition interlock device (IID) requirements when granting certain relief to individuals who have been arrested for a second or subsequent offense for DUI.
  • A driver with a fourth DUI conviction on their record is prohibited from applying for a driver's license.
  • Increased criminal penalties for a person driving on a suspended or revoked driver's license and who is convicted of DUI during the suspension or revocation period. The offender's vehicle is subject to seizure by local law enforcement.
  • Increased the statutory summary suspension period to three years, from two years, for a repeat DUI offender who refuses to submit to or fails to complete chemical testing.
  • Established a $250 statutory summary suspension and revocation fee for a driver charged with a second or subsequent DUI offense.
  • Increased the period of time in which the vehicle of a suspected DUI offender may be impounded to a graduated scale depending on the number of times the offender has been previously arrested for DUI.
  • Prohibited a driver charged with driving on a suspended or revoked driver's license for a previous DUI from receiving court supervision if they have been convicted of or received court supervision for driving on a suspended or revoked driver's license within the last 10 years.
  • Included the term “intoxicating compounds,” such as sniffing paint and glue, in Illinois DUI law.
  • Required hospital emergency rooms to report chemical test results of a person treated in a vehicle crash to Illinois Department of State Police or law enforcement officials upon request.

Effective Jan. 1, 2000:

  • Mandated the breath alcohol ignition interlock device (BAIID) for certain drivers convicted of DUI.
  • Prohibited a driver with an out-of-state DUI or a reckless driving conviction from receiving court supervision for the same offense in the state of Illinois.

Effective June 13, 2000:

  • Renames the State Crime Laboratory DUI Fund to the State Police DUI Fund.
  • Provided that the additional $100 fine to be paid by persons found guilty of driving under the influence of alcohol or drugs must also be paid by persons pleading guilty to or placed on court supervision for that offense.

Effective June 30, 2000:

  • Authorizes the Illinois Department of State Police to conduct a pilot program to establish the effectiveness of pupillometer technology, a monocular device measuring the amount of dilation of the pupil in response to a visual stimulus. The technology shall be used to detect fatigue levels of commercial motor vehicle operators, and to detect drugs ingested by motor vehicle operators.

Effective Oct. 1, 2000:

  • The Illinois General Assembly required that all court supervisions, regardless of offense, to be reported to the Illinois Secretary of State's office.

Effective July 27, 2001:

  • The Illinois General Assembly prohibited the issuance of a sentence of probation for a driver convicted of a fourth or subsequent DUI while their driver's license is suspended or revoked for a prior DUI conviction, or for a conviction for a crash involving death or personal injury.
  • If a fourth DUI is committed at a time of suspension or revocation for a previous DUI or crash involving a death or personal injury, the violation becomes a Class 1 felony and does not allow for probation.

Effective Aug. 3, 2001:

  • The Illinois Secretary of State is mandated to require the use of an IID on all vehicles owned by an individual convicted of a second or subsequent DUI violation.
  • The Illinois Secretary of State is prohibited from issuing a RDP for a period of one year after a second or subsequent revocation of driving privileges for DUI.
  • Requires a minimum term of either five days imprisonment or 30 days of community service for a second DUI committed within five years of a previous violation.
  • Requires a minimum term of either 10 days imprisonment or 60 days community service for a third or subsequent DUI violation committed within five years of a previous violation.
  • Requires assessment of degree of alcohol abuse and imposition of treatment as appropriate.

Effective Aug. 10, 2001:

  • The penalties for driving with suspended or revoked license, leaving the scene of an accident resulting in injury or death and reckless homicide are increased.
  • A person convicted of a second violation of driving with a suspended or revoked license is required to serve 100 hours community service; for a third violation, 30 days of imprisonment or 300 hours of community service.
  • The minimum consecutive days of imprisonment is increased from seven to 10 days for driving while license is suspended or revoked due to a DUI, leaving the scene of an accident resulting in injury or death, reckless homicide, or failing to submit to chemical testing.
  • For a second violation, the minimum sentence is 30 days imprisonment.
  • A fourth or subsequent violation is Class 4 felony and a person must serve 180 days of imprisonment.

Effective Aug. 17, 2001:

  • The penalties are increased when the blood alcohol content or breath is 0.16 percent or higher or 0.08 percent or higher when a child under the age of 16 is in the vehicle.
  • Any person who has had his driving privileges suspended or revoked two or more times for two or more convictions of DUI, if issued a restricted driving permit, is required to have his or her vehicle equipped with interlock.
  • A RDP may not be issued until one year after the date the current revocation went into effect.
  • A person sentenced to probation as a result of being convicted of a fourth or subsequent violation of the DUI provision regarding an alcohol concentration of twice the legal limit, may receive a jail term longer than six months.
  • Language limiting a sentence of a term of imprisonment for a felony DUI conviction to 1-3 years was deleted, thus certain defendants convicted of a felony DUI are now eligible for extended term sentences.
  • Certain aggravated DUI violations require a sentence of not less than one year and not more than 12 years imprisonment.

About the Author

Steven H. Fagan

Steve Fagan earned his law degree from Chicago-Kent College of Law, is a member of the NCDD, NACDL, ISBA and a founding member of the DUIDLA. He is published and has taught CLE for lawyers on subjects such as sex offenses, DUI and criminal defense, focuses on trial work and Real Estate closings


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