Thursday, April 16, 2015

DUI Facts - DUI Lawyer In Chicago

DUI Facts - DUI Lawyer In Chicago


A message from
Secretary of State Jesse White

I am pleased to provide this 2014 Illinois DUI Fact Book, which features factual information about Illinois’ efforts to combat drunk driving.
Illinois’ roadways continue to be among the safest in the nation due to our tough laws on drunk and distracted driving and restrictions on teen drivers. Our state continues to receive national recognition for its prevention efforts.
On January 1, 2014, the use of cannabis (marijuana) for medicinal purposes became legal in Illinois. However, like alcohol, driving under the influence of it is illegal. More information about this new law is on page 6.
My office offers free copies of our award- winning DUI videos and public service announcements, as well as traffic safety speakers and publications to educate people about the consequences of drinking and driving. To request a video, speaker or publications for you, your school or a civic organization, please call the Traffic Safety Hotline at 866-247-0213.
I look forward to continuing our efforts toward making Illinois roadways safer.
Jesse White
Secretary of State

This PDF is originally from
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf
Published in: LawHealth & Medicine



Transcript

  • 1. EMERGENCY CONTACT DATABASE This free online service is available to any person with an Illinois driverʼs license, ID card or driving instruction permit. The information you enter in the database will allow law enforce- ment to quickly notify your family if you have an emergency medical situation or are involved in an automobile crash. All information is confidential and only accessible to law enforce- ment. The database allows you to designate two emergency contacts. To register your Emergency Contact Database information, visit the Secretary of Stateʼs website: dui cover 2014:Layout 1 1/15/14 2:24 PM Page 1
  • 2. 2014 DUI Fact Book A message from Secretary of State Jesse White I am pleased to provide this 2014 Illinois DUI Fact Book, which features factual information about Illinois’ efforts to combat drunk driving. Illinois’ roadways continue to be among the safest in the nation due to our tough laws on drunk and distracted driving and restrictions on teen drivers. Our state continues to receive national recognition for its prevention efforts. On January 1, 2014, the use of cannabis (marijuana) for medicinal purposes became legal in Illinois. However, like alcohol, driving under the influence of it is illegal. More information about this new law is on page 6. My office offers free copies of our award- winning DUI videos and public service announcements, as well as traffic safety speakers and publications to educate people about the consequences of drinking and driving. To request a video, speaker or publications for you, your school or a civic organization, please call the Traffic Safety Hotline at 866-247-0213. I look forward to continuing our efforts toward making Illinois roadways safer. Jesse White Secretary of State DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 1
  • 3. The statistics presented in this 2014 Illinois DUI Fact Book are the most recent numbers available at the time of publication. This manual does not cover every aspect of Illinois’ DUI laws and should not be cited as a legal authority in court. ♻ Printed on recycled paper. Printed by authority of the State of Illinois. January 2014 — 10M — DSD A 118.17 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 2
  • 4. Illegal BAC Limits in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Driving Under the Influence (DUI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Blood-Alcohol Content (BAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Medical Cannabis (Marijuana) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2012 Illinois DUI Arrest Rate Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chronology of a DUI Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2012 Illinois DUI Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Statutory Summary Suspension/Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Failing Chemical Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Refusing to Submit to Chemical Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Judicial Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Administrative Driver’s License Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Penalties for a DUI Conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Aggravated DUI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Additional Consequences of DUI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vehicle Impoundment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Breath Alcohol Ignition Interlock Device (BAIID) . . . . . . . . . . . . . . . . . . . . . . 14 Driving Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Monitoring Device Driving Permit (MDDP) . . . . . . . . . . . . . . . . . . . . . . . . 15 Restricted Driving Permit (RDP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Driver’s License Reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Statutory Summary Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Revocation (Including Statutory Summary Revocation) . . . . . . . . . . . . . . . 16 Case Dispositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Average Cost of a DUI Conviction in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Additional Costs Associated with a DUI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Penalties for Underage Drinking & Related Offenses . . . . . . . . . . . . . . . . . . . . 20 Zero Tolerance Violations & Under 21 Arrests Chart . . . . . . . . . . . . . . . . . 21 Other DUI-Related Offenses & Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Illegal Transportation Convictions Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Victims’ Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Reporting of Injured Impaired Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Secretary of State DUI Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 History of Illinois DUI Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Zero Tolerance Violations by County (2010-2012) . . . . . . . . . . . . . . . . . . . . . . 39 DUI Penalty Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Drivers Arrested for DUI by County (2010-2012) . . . . . . . . . . . . . . . . . . . . . . 41 | 3 | Table of Contents DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 3
  • 5. | 4 | Drivers under age 21................................................................................ .00 School bus drivers .................................................................................... .00 Commercial driver’s license holders ...................................................... .04 Drivers age 21 and over ........................................................................... .08 4 3 3 2 2 1 .10 .08 .06 .04 .02 .00 1 Drink 2 Drinks 3 Drinks 4 Drinks BAC 1 drink = .54 ounces of pure alcohol* All contain an equivalent amount of alcohol 1 can of beer 1 glass of wine 1 shot of liquor{ * The amount of alcohol in a poured/mixed drink is dependent on the type of drink and the person who pours it. Male — 170 pounds Female — 137 pounds Illegal BAC Limits in Illinois Number of drinks and BAC level in ONE HOUR of drinking DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 4
  • 6. “Driving Under the Influence” is defined as operating a motor vehicle while im- paired by alcohol, other drugs including cannabis (marijuana) prescribed for med- ical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. Illinois’ .08 limit has been in effect since July 2, 1997. Blood-Alcohol Content (BAC) A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence shows the driver was impaired. The effect of alcohol on an individual is deter- mined primarily by two factors: the amount of alcohol consumed and the rate at which it is ab- sorbed by the body. Other contributing factors include gender, body weight, alcohol tolerance, mood, environment and the amount of food con- sumed. From the first drink, alcohol affects coordination and judgment. Even with a BAC well below .08, a person’s reaction time slows. The risk of being in a crash begins to climb with a BAC between .04 and .05 and increases rapidly thereafter. By the time a driver reaches a BAC of .06, he/she is twice as likely to be involved in a fatal crash as a non-drinking driver. By the time a driver reaches a BAC of .08, he/she is 11 times more likely to be killed in a single-vehicle crash than a non- drinking driver. The only way to rid the body of alcohol is time. Fresh air, coffee, a shower and food cannot help a person become sober. It takes about one hour for the body to metabolize one drink. Each of the following has a comparable amount of alcohol | 5 | Driving Under the Influence (DUI) 2012 BAC Levels of Drivers Who Failed a Chemical Test The average DUI offender is: • male (77 percent arrested are men); • age 34 (59 percent are under age 35); • arrested between 11 p.m. and 4 a.m. on a weekend; and • caught driving with a BAC of .16 — twice the illegal limit. — Illinois Secretary of State .25-> 5% 8% .15-.19.10-.14 .20-.24 35%37% 15% .08-.09 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 5
  • 7. 0 2 4 6 8 10 12 and counts as one drink: one 12-ounce mug of beer, one 5-ounce glass of wine or one 1.5-ounce shot of hard liquor. (The amount of alcohol in a poured/mixed drink is dependent on the type of drink and the person who pours it.) Medical Cannabis (Marijuana) Effective January 1, 2014, Illinois allows for the use of cannabis for medicinal pur- poses. Individuals authorized to use cannabis must be age 18 or older, registered with the Illinois Department of Public Health (IDPH) and must secure a written certification from a physician licensed in Illinois. The IDPH will issue a registry ID card and a notation will be made on the registrant’s Illinois driving record, which will be available to law enforcement. A driver may not operate a motor vehicle while under the influence of cannabis prescribed for medicinal purposes and may not transport medicinal cannabis in a vehicle unless it is contained in a tamper-evident container and kept in an area that is inaccessible while the vehicle is in motion. If a violation occurs, the person may be charged with driving under the influence or an open container violation, which may result in the loss of driving privileges as well as the revocation of their medical cannabis card. | 6 | 2012 Illinois DUI Arrest Rate Number of Arrests per 1,000 Licensed Drivers per Age Group 15&< 17 10 8 6 4 2 0 18 19 20 21 25 35 5545 65& > Arrests Drivers’Ages at Time of Arrest 12 0.05 0.56 1.66 4.09 5.28 11.31 7.91 4.89 3.26 1.41 0.32 6.75 16 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 6
  • 8. Chronology of a DUI Arrest • An officer stops a vehicle at a roadside safety check or for probable cause, rea- sonable suspicion or unusual operation. • The officer observes the driver and requests a driver’s license, vehicle registra- tion and insurance card. • If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests. • If the officer does not suspect the driver is under the influence, the driver is re- leased with any applicable violations. • If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to chemical testing of breath, urine or blood. • If a tested driver’s BAC is more than .05 but less than .08 and no drugs are found in their system, no statutory summary suspension (see page 8) will apply; how- ever, the associated DUI charge will remain until appropriate action is taken by the court. • If the driver refuses to submit to or fails to complete testing, the statutory sum- mary suspension will apply. A repeat offender who refuses to submit to testing is not eligible for a Restricted Driving Permit (RDP) during the 3-year suspen- sion. A repeat offender who takes the test and fails is not eligible for an RDP during the 1-year suspension. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit. (See page 15.) • If the driver’s test results show a BAC of .08 or more, or any trace of a drug, il- legal substance or intoxicating compound, the driver will be issued a law en- forcement sworn report notifying the driver of a statutory summary suspension. • If the driver’s license is valid, a receipt is issued allowing driving for 45 days. • A driver may obtain additional testing at his/her own expense; the results are admissible in court. • The offender is required to post bond and may be detained until bond is posted. • The offender’s vehicle may be towed, impounded or seized. | 7 | The rate of alcohol impairment among drivers involved in fatal crashes is 4.5 times higher at night than during the day. — National Highway Traffic Safety Administration DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 7
  • 9. 2012 Illinois DUI Facts • 335 people were killed in alcohol-related crashes, which was 35 percent of the 956 total crash fatalities. • 37,126 DUI arrests were recorded by the Secretary of State’s office. • 93 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges. • 1,210 drivers under age 21 lost their driving privileges due to Zero Tolerance law violations. • 23 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers. • Males ages 21-24 had the highest DUI arrest rate (about 17 per 1,000 licensed drivers). • 86 percent of all drivers arrested for DUI are first offenders. | 8 | Statutory Summary Suspension/Revocation A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to com- plete chemical testing. Failure of chemical testing means a person’s BAC was .08 or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice. This sus- pension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended.Astatutory summary suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of more than .05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be dis- qualified for one year for a first offense; a lifetime disqualification applies for a sec- ond offense. A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges. The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary sus- pension penalties, which is the administrative process. For more information on the criminal penalties for a DUI conviction, see pages 11-12. DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 8
  • 10. | 9 | In 2012, 93 percent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges; 86 percent of those were first offenders. — Illinois Secretary of State Failing Chemical Testing • First offense — Suspension of driving privileges for 6 months (eligible for MDDP on 31st day of suspension).* • Second or subsequent offense within 5 years — Suspension of driving privi- leges for 1 year (not eligible for driving relief). Refusing to Submit to Chemical Testing • First offense — Suspension of driving privileges for 12 months (eligible for MDDP on 31st day of suspension).* • Second or subsequent offense — Suspension of driving privileges for 3 years (not eligible for driving relief). A police officer is required to request a chemical test when there is probable cause to suspect DUI is a factor when a crash results in personal injury or death. A driver who refuses to submit to such testing will have their driving privileges revoked for a minimum of one year. If a driver refuses to submit to chemical testing and is subsequently ordered to have a blood withdrawal, the driver may be liable for the medical costs associated with the blood test (up to $500) if the driver is consequently convicted of DUI. A person’s driver’s license may be subject to multiple suspensions or revocations simultaneously. No single suspension or revocation serves to negate, invalidate, cancel, postpone or lessen the effect of any other suspension or revocation. *A DUI offender eligible for driving relief and issued a Monitoring Device Driving Permit (MDDP) must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees. For more information, see pages 14-15. DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 9
  • 11. Adriver may request a judicial hearing to challenge a statutory summary suspension or statutory summary revocation within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges. Legally, only five issues may be considered: • Whether the person was properly arrested. • Whether there were reasonable grounds to believe that at the time of arrest the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs. • Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing. • Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more or any trace of cannabis, controlled substance, methamphetamine and/or intoxicating compounds. • Whether, in the case of a statutory summary revocation, the driver was involved in a motor vehicle crash that caused personal injury or death. The suspension/revocation is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver’s record. An administrative driver’s license revocation, administered by the Secretary of State’s office in cooperation with county state’s attorneys, allows for the quick rev- ocation of driving privileges of a person who has been involved in a serious injury or fatal crash. A driver charged with DUI or another serious offense may have his/her driving privileges revoked without a hearing only after the Secretary of State’s office receives sufficient evidence from a state’s attorney. Unless the rev- ocation is contested through an administrative hearing, the privileges remain re- voked until the case is adjudicated. The Illinois Supreme Court ruled in 1986 that an administrative revocation does not violate a person’s right to due process. While acknowledging a driver’s license is a privilege deserving of protection, the court ruled the privilege is outweighed by the public interest to promote safe highways. | 10 | Administrative Driver’s License Revocation Judicial Hearings DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 10
  • 12. Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI. (See page 40 for specific penalties for misde- meanor and felony convictions.) First Conviction Class A misdemeanor; minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of com- munity service. • If committed while transporting a child under age 16 — In addition to any penal- ties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children. • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children. Second Conviction Class A misdemeanor; mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250. • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony. • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children. Third Conviction (Aggravated DUI) Class 2 felony; revocation of driving privileges for a minimum of 10 years; sus- pension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500. | 11 | Penalties for a DUI Conviction DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 11
  • 13. | 12 | • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Fourth Conviction (Aggravated DUI) Class 2 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Fifth Conviction (Aggravated DUI) Class 1 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Sixth or Subsequent Conviction (Aggravated DUI) Class X felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Aggravated DUI Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment. Aggravated DUI includes the following offenses: • Third or subsequent DUI (Class 2 felony; penalties vary according to offense). • DUI committed while driving a school bus carrying one or more persons age 18 or younger (Class 4 felony). • DUI committed while driving a vehicle for-hire carrying one or more passengers (Class 4 felony). DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 12
  • 14. • DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony). Revocation of driving privileges for a minimum of 2 years. • Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony; penalties vary according to offense). • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony; penalties vary according to offense). • DUI committed without a valid driver’s license or permit (Class 4 felony). • DUI committed without vehicle liability insurance (Class 4 felony). • DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony). • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony). • DUI committed while revoked or suspended for DUI, reckless homicide or leav- ing the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense. • DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense. Additional Consequences of DUI • A DUI conviction is a permanent part of an offender’s driving record. • The offender may lose work time. • The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated. • The offender must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP. • A BAIID may be installed on the offender’s vehicle as a condition of driving relief. (See page 14 for more information.) • The offender is required to carry high-risk auto insurance for 3 years. • The offender’s vehicle registration will be suspended. | 13 | An average of one alcohol-impaired driving fatality occurs every 53 minutes. — National Highway Traffic Safety Administration DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 13
  • 15. | 14 | The majority of states, including Illinois, require first-time DUI offenders to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicles. Illinois also requires a camera unit on the BAIID to capture the image of the driver as they perform their breath test. Any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory summary suspension is required to have a BAIID installed on his/her vehicle. To be eligible for driving relief, the offender must obtain a Monitoring Device Driving Permit (MDDP), and a BAIID will be installed on his/her vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an of- fender to drive anywhere at any time as long as he/she is driving a vehicle installed with a BAIID. The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device. A DUI offender may decline to have an MDDP and BAIID and instead choose to restrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a ve- hicle during the suspension period is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony. (For more information on the MDDP, see page 15.) A BAIID also is required as a condition of receiving a Restricted Driving Permit (RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest, with both of the latter combinations of offenses occurring within 10 years. Vehicle Impoundment The vehicle of any driver may be seized or impounded by local authorities for: • Committing a DUI while driving privileges are suspended/revoked for a previous DUI or reckless homicide. • Committing a DUI with a previous conviction of reckless homicide, aggra- vated DUI with death or great bodily harm. • Committing a third or subsequent DUI. • Committing a DUI without a valid driver’s license or permit. • Committing a DUI while uninsured. Breath Alcohol Ignition Interlock Device (BAIID) DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 14
  • 16. | 15 | An RDP allows a person to drive on a restricted basis according to his/her permit. (For more information on the RDP, see below.) Aperson who has two or three DUI convictions must install a BAIID on all vehicles registered in his/her name for 12 consecutive months as a prerequisite for full rein- statement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State’s office. A DUI offender is responsible for all costs associated with the issuance, installation and monitoring of the BAIID. For a listing of certified BAIID vendors and instal- lation sites, visit www.cyberdriveillinois.com (click Departments, BAIID). Monitoring Device Driving Permit (MDDP) • Afirst-time DUI offender may obtain an MDDPfrom the Secretary of State to allow unlimited driving during the statutory summary suspension. (A first-time offender is a driver who has not received a previous statutory summary suspension in the past five years, been convicted of DUI or assigned court supervision for DUI in Illi- nois, or been convicted of DUI in another state within 5 years.) • An offender must have a Breath Alcohol Ignition Interlock Device (BAIID) in- stalled and maintained on any vehicle driven during the suspension period. An offender may drive anywhere at any time once the permit is issued and the BAIID installed. • An MDDP is not effective until the 31st day of the suspension. • A commercial driver’s license holder may not drive any vehicle for which a CDL is required. • An offender is ineligible for an MDDP if the driver’s license is otherwise invalid or if death or great bodily harm resulted from the DUI arrest. • An offender is ineligible for an MDDP if previously convicted of Reckless Homicide or Aggravated DUI that resulted in a death. • The offender is responsible for all costs associated with the MDDP and BAIID. • A driver under age 18 is not eligible for an MDDP. Restricted Driving Permit (RDP) • If eligible, a person convicted of DUI may apply to the Secretary of State’s office for an RDP. • A multiple offender is not eligible for an RDP during the statutory summary sus- pension period. Driving Permits DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 15
  • 17. | 16 | • A driver under age 16 whose driving privileges are revoked is not eligible for an RDP. • To obtain an RDP, the offender may have to prove a hardship exists, provide a current professional alcohol/drug evaluation and, when appropriate, provide proof of remedial education or treatment. • An offender must appear before a hearing officer in the Secretary of State’s Depart- ment ofAdministrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis. • An offender with two or more alcohol-related driving incidents on his/her driving record within 10 years is required to have a BAIID installed on his/her vehicle for the duration of the RDP. The offender is responsible for all costs associated with the BAIID during this period. • Upon application for a formal hearing for an RDP or reinstatement of driving privileges, a $50 nonrefundable filing fee is required. Driver’s License Reinstatement Statutory Summary Suspension Driving privileges may be reinstated at the end of the statutory summary suspension period. Before driving privileges can be reinstated: • Other suspensions or revocations on the driving record must be cleared. • A $250 reinstatement fee must be paid to the Secretary of State, $30 of which goes to the Department of Human Services, Office of Alcoholism and Substance Abuse, to help defray the cost of professional alcohol/drug evaluations for indi- gent offenders. • If a repeat offender, a $500 reinstatement fee must be paid to the Secretary of State’s office, $60 of which goes to the Illinois Road Fund, $190 to the Drunk and Drugged Driving Prevention Fund, and $250 to the General Revenue Fund. • Reinstatement of driving privileges becomes valid when entered on the driver’s record in the Secretary of State’s office provided the provisional termination date has passed. • Payment for the reinstatement fee must be mailed to: Secretary of State, DUI Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-782-3619 (debit cards not accepted). Revocation (Including Statutory Summary Revocation) To have driving privileges reinstated, a driver convicted of DUI must: • Have a clear driving record other than the revocation sanction. • Undergo an alcohol/drug evaluation. If an alcohol/drug problem is indicated, proof of treatment must be submitted. DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 16
  • 18. | 17 | • Complete an alcohol/drug remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program. • Appear before a Secretary of State hearing officer. For a first offense, an informal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must make a request in writing, pay a $50 nonrefundable filing fee and attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet. • Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender’s overall driving record and the driver’s remedial efforts. • File proof of financial responsibility prior to reinstatement, pay a $500 reinstate- ment fee, pass the driver’s license exam (written, vision and driving) and pay the appropriate application fee. • Payment for a revocation must be mailed to: Secretary of State, Traffic Viola- tions Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-785-8619 (debit cards not accepted). • An offender requesting a formal hearing for reinstatement of driving privileges must pay a $50 nonrefundable filing fee when requesting the formal hearing. A reinstatement becomes valid when it is entered on the driver’s record in the Secretary of State’s office. For more information on driver’s license reinstatement and driving permits, please contact: Secretary of State Administrative Hearings Department 291 Howlett Bldg. Springfield, IL 62756 217-782-7065 or 17 N. State St., #1200 Chicago, IL 60602 312-793-3862 For more information on the BAIID program, please contact: Secretary of State BAIID Unit 211 Howlett Bldg. Springfield, IL 62756 217-524-0660 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 17
  • 19. | 18 | Since implementation of the Statutory Summary Suspension law in 1986, the Sec- retary of State’s office has been able to track DUI cases from arrest to case dispo- sition. All courts have been required to report all DUI case dispositions to the Secretary of State since 1984. If a judge grants a driver court supervision for an offense, the driver is not subject to the mandatory penalties of the conviction; the judge determines the penalties. Judges are prohibited from granting court supervision to a driver more than once in a lifetime for a DUI offense, and then only if there was no previous conviction. Because the Secretary of State’s office records all court supervisions, repeat offenders are more easily identified, enabling judges to impose appropriate penalties. During 2012, 37,126 statutory summary suspensions were recorded by the Secre- tary of State’s office. As of Dec. 31, 2012, court dispositions were reported for 41 percent (15,253) of these cases. Of those dispositions, 29 percent (4,445) resulted in convictions and 66 percent (10,118) received court supervision. In 5 percent (690) of the cases, other dispositions such as convictions for reckless driving were received. Of the dispositions received, 21 percent of first offenders received a DUI conviction, and 89 percent of multiple offenders were convicted. Case Dispositions 2012 DUI Case Dispositions Supervisions 66% Other 5% DUI Convictions 29% DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 18
  • 20. Average Cost of a DUI Conviction in Illinois Additional Costs Associated with a DUI Item Insurance Legal Fees Court Costs Income Loss Rehabilitation Driver’s License Reinstatement BAIID Final Cost $4,500 + $2,000 + $3,600 + $4,230 + $250 + $580 + $1,420 $16,580 Costs High-risk insurance (Additional $1,500 per year, required for 3 years.) Uncontested plea and hardship driving permit. Fine of up to $2,500. Court costs — $750. Reimbursements to law enforcement, towing and storage fees — $250. Trauma center fund — $100. Loss of 4 weeks income due to jail or com- munity service, evaluations and remedial education classes. (Loss based on average yearly income of $55,000.) Remedial substance abuse class — $50. Counseling fees — $200. $500 plus $30 for a new license; $50 — formal hearing fee. Installation — $100; rental fee — $80 per month/$960 per year; monitoring fee — $30 per month/$360 per year. Total Average Cost = Medical treatment for a crash involving injuries or fatalities $100,000 + Compensatory damages awarded to crash survivors $10,000 + In-patient substance abuse programs $3,500 + Legal fees for jury trials and civil proceedings $5,000 + | 19 | DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 19
  • 21. | 20 | Drivers under age 21 face a minimum 2-year driver’s license revocation for a first DUI conviction in addition to the penalties that apply for DUI offenders age 21 and older. The offender is not eligible for an RDP until the second year of the rev- ocation period. An offender under age 18 on a statutory summary suspension is not eligible for an MDDP and may be subject to remedial education and/or retest- ing prior to reinstatement of his/her driving privileges. A person under age 21 convicted of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver’s Visi- tation Program. The offender will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, the of- fender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes may be viewed. From 1986 to 2012, DUI arrests have decreased for drivers under age 21. The de- cline can be attributed to many factors, including tougher laws for DUI and fraud- ulent IDs, youth DUI prevention programs, visually distinctive driver’s licenses and state ID cards, and training programs like Operation Straight ID. Zero Tolerance • First offense — Suspension of driving privileges for 3 months for a BAC of more than .00; suspension of driving privileges for 6 months for refusal to submit to or failure to complete testing. • Second offense — Suspension of driving privileges for 1 year for a BAC of more than .00; suspension of driving privileges for 2 years for refusal to submit to or fail- ure to complete testing. During 2012, 1,210 drivers under age 21 were suspended for driving with a BAC of more than .00 or for refusing to submit to chemical testing. Additionally, 2,687 un- derage drivers were arrested for DUI and received suspensions. For a listing of arrest numbers by county, see pages 39-40. Under the Zero Tolerance law, a police officer also may initiate a DUI arrest based on field sobriety tests or additional evidence. Purchase, Possession, Receipt or Consumption of Alcohol by a Minor • Any person under age 21 convicted of violating the Liquor ControlAct for the illegal purchase, possession, receipt or consumption of alcohol will have his/her driving privileges suspended for 6 months for a first conviction, 12 months for a second con- Penalties for Underage Drinking & Related Offenses DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 20
  • 22. | 21 | viction and revocation of driving privileges for a subsequent conviction. • Any person under age 21 who receives court supervision for violating the Liquor Control Act for the purchase, possession, receipt or consumption of alcohol will have his/her driving privileges suspended for 3 months. Providing Alcohol to a Person Under Age 21 • Class A misdemeanor. Parental Responsibility • A parent/legal guardian who knowingly allows persons under age 21 to consume alcoholic beverages at a private residence or other private property is guilty of a Class A misdemeanor. • A parent/legal guardian who knowingly allows persons under age 21 to consume alcoholic beverages by failing to control access to either the private residence or to alcoholic beverages in the residence, and bodily harm results to any person as a result of this access, is guilty of a Class 4 felony. • It is unlawful for any parent/legal guardian to knowingly allow his/her property to be used for the illegal consumption of alcoholic beverages. If the consumption of alcohol results in great bodily harm or death to any person, the parent/guardian is guilty of a Class 4 felony. Illegal Transportation of Alcohol • First offense — Suspension of driving privileges for 1 year. • Subsequent offense while under age 21 — Revocation of driving privileges for a minimum of 1 year. 0 500 1000 1500 2000 2500 Zero Tolerance Violations & Under 21 DUI Arrests 1,338 2011 20122008 2009 2010 1,210 2,187 1,917 1,538 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 21
  • 23. | 22 | Hotel/Motel Responsibility This offense applies to any hotel/motel employee who rents a room to a person under age 21 knowing that alcoholic beverages will be consumed there; or any per- son age 21 or older paying for a hotel room or facility knowing alcoholic beverages will be consumed there by individuals under age 21. • Class A misdemeanor. • Persons over age 21 paying for the hotel/motel room are held liable for any in- juries or damage to persons or property caused by the underage drinker(s). Possession of Drugs in a Vehicle Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State. • First conviction — Suspension of driving privileges for 1 year. • Second conviction — Revocation of driving privileges. Knowingly Permitting a Driver Under the Influence to Operate a Vehicle • ClassAmisdemeanor; possible imprisonment of up to 1 year; fines of up to $2,500. Out-of-State DUI Conviction If a driver is convicted of DUI in another state, the conviction will be added to his/her Illinois driving record and result in the revocation of driving privileges. The length of the revocation will be based upon the driver’s previous Illinois driv- ing history. Personal Injury and Fatal Motorboat crashes A person who is involved in a personal injury or fatal boating crash while operating or in physical control of a motorboat and is issued a citation for any offense (other than an equipment violation) is deemed to have given consent to a breath test. A person who refuses, does not complete or fails chemical testing will have his/her driver’s license suspended. The length of the suspension will be the same as those listed on pages 8-9 under Statutory Summary Suspension/Revocation. Driving on a Suspended or Revoked License • First conviction — Class A misdemeanor; mandatory imprisonment of 10 days in jail or 30 days of community service; fines of up to $2,500; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle. Other DUI-Related Offenses & Penalties DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 22
  • 24. | 23 | 0 1000 2000 3000 4000 5000 6000 7000 8000 Illegal Transportation Convictions 2010 6,633 4,174 5,799 4,968 394571 568 423 TOTAL UNDER 21 2011 20122008 2009 • Second conviction — Class 4 felony; minimum 30 days in jail or 300 hours of community service; suspension of driving privileges for double the original sus- pension period or additional revocation of 1 year; may result in seizure or forfei- ture of vehicle. If the original suspension or revocation was for reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death, it is a Class 2 felony. • Third conviction — Class 4 felony; minimum 30 days in jail or 300 hours of community service; suspension of driving privileges for double the original sus- pension period or additional revocation of 1 year; may result in seizure or forfei- ture of vehicle. If the original suspension or revocation was for reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death, it is a Class 1 felony. • Fourth through ninth conviction — Class 4 felony; minimum 180 days in jail; suspension of driving privileges for double the original suspension period or ad- ditional revocation of 1 year; may result in seizure or forfeiture of vehicle. If the original suspension or revocation was for a reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death, it is a Class 1 felony. • 10th through 14th conviction — Class 3 felony; not eligible for probation or conditional discharge; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or for- feiture of vehicle. • 15th or subsequent conviction — Class 2 felony; not eligible for probation or conditional discharge; suspension of driving privileges for double the original sus- pension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle. 4,093 363 DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 23
  • 25. | 24 | Dram Shop An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment. • Liability is limited to $50,467 for property damage or personal injury. • Liability extends to $61,682 for a loss of means of support due to death or injury. Illegal Transportation/Open Container It is illegal to transport, carry, possess or have any alcoholic beverages or medical cannabis in the passenger compartment of a motor vehicle. Alcohol must be in the original container with the seal unbroken. Cannabis must be in a tamper-evident container and kept in an area that is inaccessible to the medical cannabis card holder. Limousines, motor homes, mini motor homes and chartered buses not hired for school purposes are exceptions to the law. • Maximum fine of $1,000 and points-assigned violation on driver’s record. • Suspension of driving privileges for 1 year or revocation for a second conviction within 1 year. • If the offender is under age 21 — Mandatory suspension of driving privileges for 1 year for first offense; mandatory revocation of driving privileges for a second offense. Fraudulent IDs and Driver’s Licenses It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fraudulent state ID card or driver’s license. The Secretary of State has the authority to suspend or revoke driving privileges for up to one year without a conviction for anyone involved in the following offenses: Class A misdemeanors (subsequent offenses are Class 4 felonies) • Possessing, attempting to obtain or assisting another in obtaining a fraudulent dri- ver’s license or permit (first offense). • Allowing another person to use your driver’s license or permit. • Displaying or representing as one’s own any driver’s license or permit issued to someone else. • Allowing any unlawful use of one’s driver’s license or permit. Of the driver’s license revocations in 2012, 2,756 were for second offenses, 803 were for third offenses, and 352 were for fourth or subsequent offenses resulting in lifetime revocation. — Illinois Secretary of State DSD A 118.17 duifact:Layout 1 1/15/14 3:39 PM Page 24
  • 26. | 25 | Class 4 felonies (subsequent offenses may be Class 3 felonies) • Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver’s license or permit (second or subsequent offense). • Issuing or assisting in the issuance of a fraudulent driver’s license. • Manufacturing, possessing or providing any document for the purpose of ob- taining a fraudulent driver’s license. • Possessing a driver’s license-making or permit-making implement. Illinois recognizes DUI as a violent crime; therefore, victims of DUI are recognized as victims of violent crimes. Victims’rights are protected by statute and guaranteed by the Illinois Crime Victims’ Rights Constitutional Amendment. Victims of DUI have the right to: • Be treated with fairness and respected for their dignity and privacy throughout the criminal justice process. • Be notified of court proceedings. • Communicate with the prosecution. • Make a statement to the court at sentencing. • Information about the conviction, sentencing, imprisonment and release of the accused. • Timely disposition of the case following the arrest of the accused. • Protection from the accused through the criminal justice process. • Be present at the trial and all the court proceedings on the same basis as the ac- cused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial. • Have present at all court proceedings, subject to the rules of evidence, an advo- cate or other support person of the victim’s choice. • Restitution. Victims’ Rights Secretary of State Jesse White emphasizes that DUI-related crash victims and families will be notified of the offender’s driver’s license hearings if they request this information by sending a letter to: Secretary of State, Director of Administrative Hearings, 291 Howlett Building, Springfield, IL 62756. This request is separate from any court notification or victim impact statement. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 25
  • 27. | 26 | Illinois law requires emergency medical personnel to report to law enforcement agencies, if requested, the results of blood or urine tests performed to determine the content of alcohol and/or drugs of an individual receiving emergency medical treatment as the result of a motor vehicle crash. The law has already proven to be an important tool in the fight against drunk driving. Emergency room physicians and nurses are in a unique position to identify injured impaired drivers because of their access to hospital test results. By bringing the injured impaired driver to the attention of law enforcement, these medical profes- sionals increase the likelihood that the driver will receive alcohol and/or drug eval- uations and treatment because of legal or administrative requirements. Under the law, the reporting of test result information does not violate physician- patient confidentiality. In addition, no one will be held liable for civil damages or receive professional discipline for making a report. Reporting of Injured Impaired Drivers • Faces of DUI Video — A 20-minute video of interviews with DUI victims and victim families, DUI offenders, law enforcement, and members of the legal and medical communities (available in closed caption). • DUI Public Service Announcements — “The Grave Spot” is a sobering anti-DUI message from the perspective of someone whose life was taken due to drinking and driving. — “The Bottle” focuses on how the small opening of a bottle of beer causes so much damage when mixed with driving. — “Dionne” is the story of a young woman who was struck by a drunk driver coming home from a high school volleyball game and now is disabled. — “The Pact” features young adults making a deal with one another to ensure that friends don’t let each other drink and drive. • DUI Victim Wall — A display of pictures and testimonials from victims and their families on the deadly effects of drinking and driving. • Adult Traffic Safety Presentation — A program that explains Illinois traffic safety laws, DUI and impaired driving, moving violations, parental responsibil- ity, mandatory insurance, organ/tissue donation and other topics. A Fatal Vision goggles demonstration, an arrest procedure and field sobriety tests may be cov- ered. Secretary of State DUI Programs DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 26
  • 28. | 27 | • Youth Drinking and Driving Prevention Presentation — A presentation de- signed for large school assemblies that discusses Zero Tolerance and DUI laws. During the Fatal Vision goggles demonstration, participants simulate what it is like to be impaired by alcohol or other drugs. • Illinois Graduated Driver Licensing Program — A program that discusses the three-tiered Illinois driver licensing program, Zero Tolerance and DUI laws. • Operation Straight ID — A program that trains law enforcement and the owners and employees of liquor stores and bars on identifying fraudulent and fictitious driver’s licenses and ID cards. For more information, call 800-596- 2522. For more information on these programs, please contact: Secretary of State, Driver Services Department, Speakers Bureau, 2701 S. Dirksen Pkwy., Springfield, IL 62723, or call the Traffic Safety Hotline at 866-247-0213. History of Illinois DUI Laws Effective Jan. 1, 1958 • Established .15 as the illegal BAC limit. Effective Jan. 1, 1967 • Lowered the illegal BAC limit from .15 to .10. Effective Jan. 1, 1980 • Established 21 as the minimum drinking age. Effective Jan. 1, 1984 • Established mandatory imprisonment of 48 hours or 10 days of community serv- ice for a second or subsequent DUI conviction. • Expanded the Crime Victims Compensation Act to include DUI victims. • Required courts to notify the Secretary of State’s office of DUI case dispositions, court supervisions and other serious offenses. Effective Jan. 1, 1986 • Established the Statutory Summary Suspension Program to allow for the auto- matic suspension of a person’s driving privileges for refusing to submit to or failing chemical testing following a DUI arrest. • Expanded the Crime Victims Bill of Rights to include DUI victims. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 27
  • 29. | 28 | • Provided that any person who refuses to submit to chemical testing while oper- ating a vehicle in another state will have his/her driving privileges suspended. Effective Sept. 12, 1986 • Provided that any driver under age 21 convicted of a second DUI will have his/her driving privileges revoked until he/she turns 21 or for one additional year, whichever is longer. Effective Jan. 1, 1988 • Provided that any driver under age 21 convicted of a second DUI will have his/her driving privileges revoked for a minimum of 3 years. If convicted of a third or subsequent DUI, a driver will have his/her driving privileges revoked for a minimum of 6 years. Effective Sept. 21, 1989 • Provided that any driver who refuses to submit to chemical testing for a second or subsequent time will have his/her driving privileges suspended for a minimum of 2 years. Offenders may not apply for a Restricted Driving Permit for the first six months of the suspension period. Effective Jan. 1, 1991 • Provided that any driver found at fault in a vehicle crash where serious personal injury or death occurs and who refuses to submit to or fails chemical testing (.10 BAC or more) will have his/her driving privileges suspended. Effective July 1, 1991 • Provided that any driver who violates the Cannabis Control Act or the Illinois Controlled Substances Act while operating a motor vehicle will have his/her dri- ver’s license cancelled. Effective Nov. 3, 1992 • Established the Crime Victims’ Rights Constitutional Amendment, which guar- antees and protects the rights of crime victims, including those victimized by DUI. Effective Jan. 1, 1993 • Prohibited any driver convicted of DUI within the last 10 years (rather than 5 years) from receiving court supervision. • Established the Child Endangerment Law, which states that any driver convicted of DUI while transporting a person age 16 or younger is subject to a minimum fine and mandatory community service in a program benefiting children. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 28
  • 30. | 29 | Effective Jan. 1, 1994 • Provided that any driver under age 21 convicted of illegal transportation of al- cohol will have his/her driving privileges suspended for 1 year. For a second or subsequent conviction, a driver will have his/her driving privileges revoked. Effective Jan. 1, 1995 • Established the Zero Tolerance law, which states that any driver under age 21 caught with any trace of alcohol in his/her system will lose his/her driving priv- ileges. Effective July 21, 1995 • Prohibited a driver 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, 1997 • Established a lifetime limit of one 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 • Lowered the illegal BAC limit from .10 to .08. Effective Dec. 1, 1997 • Increased the driver’s license revocation period to 5 years for a driver convicted of a second DUI. Increased the revocation period to 10 years for a third or sub- sequent conviction within 20 years. • Increased the driver’s license revocation period to 2 years for a driver convicted of reckless homicide (DUI). 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 his/her system will lose his/her 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 • Prohibited a driver with a fourth DUI conviction on his/her record from applying for a driver’s license. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 29
  • 31. | 30 | • Increased criminal penalties for a person driving on a suspended or revoked dri- ver’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 3 years (from 2 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 li- cense for a previous DUI from receiving court supervision if he/she has 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 State Police or law enforcement officials upon request. Effective Jan. 1, 2000 • Mandated the BreathAlcohol Ignition Interlock Device (BAIID) for certain driv- ers 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 Illinois. Effective Oct. 1, 2000 • Required all court supervisions, regardless of offense, to be reported to the Sec- retary of State’s office. Effective July 27, 2001 • Prohibited a sentence of probation for a driver convicted of a fourth or subse- quent DUI while his/her driver’s license is suspended or revoked for a prior DUI conviction, or for a conviction for a crash involving death or personal injury. Effective Aug. 3, 2001 • Prohibited the Secretary of State’s office from issuing an RDP for 1 year to a driver with a second or subsequent revocation of his/her driving privileges for DUI. • Increased penalties for a second DUI violation committed with 5 years, including 48 consecutive hours to 5 days imprisonment and 100 hours to 30 days of com- munity service. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 30
  • 32. | 31 | Effective Aug. 10, 2001 • Established mandatory minimum jail time and community service for anyone convicted of driving with a suspended or revoked driver’s license as a result of a conviction for DUI, reckless homicide, leaving the scene of an accident or a statutory summary suspension. • Authorized judicial authorities to seize or immobilize the vehicle of a driver convicted for a fourth DUI violation. Effective Aug. 17, 2001 • Extended the prison sentence for a felony DUI conviction. • Created and defined the category of Driving Under the Extreme Influence as a driver with a BAC of .16 or more. A driver convicted of this offense is subject to enhanced penalties with mandatory minimum sentencing requirements. • Enhanced penalties for a driver convicted of DUI with a child under age 16 in the vehicle, including mandatory minimum imprisonment and community service. • Required a driver with two or more alcohol incidents on his/her driving record to have a BAIID installed on his/her vehicle. A monthly fee, paid by the driver, is established for the maintenance of the BAIID. Effective Jan. 1, 2002 • Required a person convicted of DUI to pay an additional $100 fine, which is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers. • Prohibited a person sentenced to prison for a conviction of reckless homicide from having his/her driving privileges reinstated until 2 years after the date of his/her release from prison. This period does not commence until the expiration of any period of mandatory supervised release or parole. Effective July 16, 2002 • Provided for the seizure or forfeiture of the vehicle of a person convicted of driving while his/her driving privileges are suspended or revoked as a result of a DUI, leaving the scene of a personal injury accident, reckless homicide, or for a statutory summary suspension related to the use of alcohol, drugs or intoxi- cating compounds. Effective Jan. 1, 2003 • Required local liquor commissioners to report to the Secretary of State’s office any conviction of a person under age 21 who purchases, accepts, possesses or consumes alcohol. An underage person who violates this provision will receive a 1-year suspension or revocation of his/her driving privileges. • Established 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. If the underage person is involved in an incident where a death occurs, DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 31
  • 33. | 32 | 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 July 18, 2003 • Established Aggravated DUI involving a death as a Class 2 felony, with possible imprisonment of 3-13 years if the violation results in the death of one person or 6-21 years if the violation involves the deaths of two or more persons. Effective Jan. 1, 2004 • Prohibited the operation of a watercraft or snowmobile while under the influence of intoxicating compounds. • Provided that 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 op- erating 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 im- prisonment 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 Illi- nois 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 ofAggravated 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 against any person over age 18 who provides or contributes alcohol or illegal drugs to anyone under DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 32
  • 34. | 33 | age 18 and the provision of alcohol results in a death. Allows such suit for dam- ages, injury or death if caused by the impaired minor. Effective Jan. 1, 2005 • Provided that a driver convicted in another state of an offense similar to the Illi- nois 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 • Provided that a driver seeking a Judicial Driving Permit (JDP), who is subse- quently 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 can- celled. • Increased the penalties for DUI while transporting a child under age 16. • Provided that 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. • Increased the penalties for a fifth or subsequent conviction of driving on a sus- pended or revoked driver’s license. • Increased the penalties for a driver convicted of Aggravated DUI causing the death of one or more persons. • Increased the penalties for a third, fourth or fifth DUI conviction. • Classified a sixth or subsequent DUI conviction as a Class X felony. • Required a driver arrested for leaving the scene of an accident involving a death or personal injury to be subject to chemical testing and a statutory summary sus- pension if he/she refuses to submit to or fails chemical testing. A driver is subject to testing within 12 hours of the accident. • Provided that 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 his/her vehicle is subject to seizure and forfeiture. • Provided that a driver involved in a fatal crash or a crash resulting in severe in- juries that result in the injured party being carried from the scene is required to undergo chemical testing. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 33
  • 35. | 34 | • Established tougher penalties for a person over age 21 convicted of DUI while transporting a child under age 16 that results in a crash and bodily harm to the child. • Provided that 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 • Authorized municipalities to charge a DUI offender with a municipal misde- meanor 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 • Authorized the circuit court to collect additional fines from drivers convicted of DUI to be used for DUI enforcement and prevention. Effective Aug. 31, 2007 • Prohibited a parent/legal guardian from knowingly authorizing or permitting any person under age 21 to consume alcohol in his/her home by failing to control access to the alcohol in the residence. • Prohibited a parent/legal guardian from knowingly allowing access to alcohol in his/her residence to persons under age 21, and from knowingly allowing per- sons under age 21 to consume alcohol in his/her residence. Effective Jan. 1, 2008 • Required local liquor commissioners to report to the Secretary of State’s office court supervisions for violations relating to the transfer, possession and con- sumption of alcohol for persons under age 21. • Increased penalties for driving with a revoked driver’s license, permit or privi- lege to operate a motor vehicle if the revocation was the result of a reckless homicide offense. Effective June 1, 2008 • Required that a petition to contest the suspension of a person’s driving privileges 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, in- toxicating 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. • Prohibited a driver convicted of four or more DUI offenses, leaving the scene of an accident involving death or personal injury, and/or reckless homicide from receiving an RDP. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 34
  • 36. | 35 | • Authorized the Secretary of State’s office to revoke the driving privileges of any person under age 21 convicted in another state of an offense similar to the Illinois DUI statute. • Established the offense of Reckless Homicide 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 • Established as a Class 4 felony if a person commits DUI outside the State of Illinois while his/her Illinois driving privileges are revoked or suspended due to a previous DUI or a similar provision of the Illinois Vehicle Code. Effective Aug. 15, 2008 • Allowed unused, opened wine purchased in a restaurant to be transported in ac- cordance with Illinois law. • Prohibited charter buses being used for school purposes from transporting, car- rying or possessing alcohol in the vehicle. Effective Jan. 1, 2009 • Required a first-time DUI offender to have a BAIID installed on his/her vehicle as a condition of driving relief. The driver must drive only a vehicle equipped with a BAIID. • Replaced the Judicial Driving Permit with the Monitoring Device Driving Permit (MDDP) for first-time DUI offenders. • Required a driver with a BAIID installed in his/her vehicle because of a second or subsequent DUI conviction to submit to the Secretary of State DUI Admin- istration Fund an amount not exceeding $30 for each month he/she uses the de- vice. • Established a $30 administrative fee paid by the offender for issuance of an MDDP to be deposited into the Monitoring Device Driving Permit Admin- istration Fee Fund. • Allowed a DUI offender who initially chose not to request an MDDP to petition the court for an MDDP later in the suspension period. An offender is not eligible for an MDDP if he/she was previously convicted of Aggravated DUI involving a death. • Allowed an MDDP to be canceled if an offender is convicted of or placed on court supervision for specified offenses, or if an offender attempts to remove the BAIID from his/her vehicle without Secretary of State authorization. • Increased the suspension period for a first offense for failing chemical testing to 6 months, and 12 months for a first offense for refusing to submit to chemical testing. • Allowed a driver with an RDP to transport children living in the person’s house- hold to and from day care or an acceptable educational institution. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 35
  • 37. | 36 | Effective Aug. 11, 2009 • Increased the penalties for a DUI conviction 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. • Established mandatory court-ordered restitution for all defendants convicted of DUI that caused personal injury or real or personal property damage. Effective Jan. 1, 2010 • Allowed for vehicle seizure and forfeiture for driving with a revoked or sus- pended driver’s license due to a reckless homicide conviction. Effective Jan. 1, 2011 • An RDP may be issued to a driver convicted of DUI to transport children, elderly persons or disabled persons who do not have driving privileges and are living in the driver’s household. • Allows for vehicle forfeiture for committing DUI and knowing that the vehicle being driven was not covered by liability insurance. • Increases the amount of an administrative sanction imposed upon a person con- victed of DUI from $500 to $750. • Requires that a person accompanying or providing driving instruction to a minor driver holding an instruction permit must 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 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 • Requires a statutory summary revocation of a driver’s license or privileges 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 • An employee who incurs injuries while involved in an Aggravated DUI or Reckless Homicide and is subsequently convicted is not 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 may request that the driver submit to a chemical test. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 36
  • 38. | 37 | 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 un- claimed, 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 there is rea- sonable suspicion that a driver may be under the influence. The employer must report to the Secretary of State within 48 hours if the school bus driver refuses to submit to testing, or if the driver’s test reveals a BAC of more than 0.00 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 Secretary of State shall immediately revoke the driving privileges of a per- son convicted of a second or subsequent conviction of illegal possession while operating or in control of a motor vehicle. A first-time conviction shall result in suspension of driving privileges for a period of one year. Effective Jan. 1, 2013 • A parent or guardian who knowingly permits their residence, or any other pri- vate property under their control (instead of just their residence), to be used by an invitee under age 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: (1) DUI; (2) leaving the scene of a motor vehicle accident involving personal injury or death; (3) failure to submit to drug or alcohol testing; or (4) reckless homicide. • Adriver under age 25 who is arrested or charged and receiving court supervision for a misdemeanor violation of the reckless driving statute, and who has no other conviction for DUI or reckless driving, is not eligible for sealing or expungement of the violation from their record until age 25. Effective Jan. 1, 2014 • A person diagnosed by a physician with a debilitating medical condition may be issued a registry ID card by the Illinois Department of Public Health that al- lows the person to legally possess no more than 2.5 ounces of usable cannabis (marijuana) during a 14-day period. The law prohibiting motorists from having any amount of cannabis in their system does not apply to a registry card holder. However, it is illegal for a card holder to drive while impaired by cannabis, and he/she may be charged with DUI in those circumstances. Possession of medical cannabis in a vehicle is prohibited unless the product is in a secured and sealed tamper-evident container that is inaccessible while the vehicle is in motion. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 37
  • 39. | 38 | • A person can be charged with Aggravated DUI if they are driving a vehicle for- hire carrying passengers. • Persons subject to blood tests for refusal to submit to a breath test may be liable for the cost (up to $500) of employing a medical professional to perform the test if the person is found guilty or pleads guilty to DUI. • The penalties for driving on a suspended or revoked driver’s license are in- creased if the suspension or revocation was for reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death. • A person operating a watercraft under the influence and involved in a crash re- sulting in personal injury or death is subject to the same chemical testing as a person operating a motor vehicle under the influence. If the person refuses chemical testing, he/she faces a driver’s license suspension. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 38
  • 40. Zero Tolerance Violations | 39 | | 26 | Adams Alexander Bond Boone Brown Bureau Calhoun Carroll Cass Champaign Christian Clark Clay Clinton Coles Cook —Dist 1 —Dist 2 —Dist 3 —Dist 4 —Dist 5 —Dist 6 Crawford Cumberland DeKalb DeWitt Douglas DuPage Edgar Edwards Effingham Fayette Ford Franklin Fulton Gallatin Greene Grundy Hamilton Hancock Hardin Henderson Henry Iroquois Jackson Jasper 13 2 1 16 0 4 0 1 1 19 14 8 5 4 8 39 40 65 40 98 27 3 6 38 1 1 164 0 0 15 3 2 7 2 1 7 8 2 5 1 1 12 3 24 1 16 1 0 6 3 10 0 2 3 18 15 3 2 8 8 22 39 82 47 80 40 2 3 42 2 2 118 0 2 20 6 3 2 1 4 4 12 1 3 0 3 12 8 11 1 4 1 1 15 4 4 1 0 3 15 11 5 7 6 13 9 55 55 41 84 24 1 4 29 4 4 106 1 2 13 7 4 4 0 0 2 11 2 4 2 2 9 7 19 4 Jefferson Jersey Jo Daviess Johnson Kane Kankakee Kendall Knox Lake LaSalle Lawrence Lee Livingston Logan McDonough McHenry McLean Macon Macoupin Madison Marion Marshall Mason Massac Menard Mercer Monroe Montgomery Morgan Moultrie Ogle Peoria Perry Piatt Pike Pope Pulaski Putnam Randolph Richland Rock Island St. Clair Saline Sangamon Schuyler Scott 4 6 9 2 56 10 17 9 85 39 5 11 6 7 13 60 51 15 11 28 7 0 5 0 8 5 3 7 7 0 12 21 7 3 3 2 0 0 8 2 31 37 6 33 0 0 9 5 4 1 45 14 16 11 67 27 4 10 6 4 12 33 28 8 12 23 6 0 2 2 9 3 3 3 7 3 8 21 7 6 6 2 1 1 4 1 28 30 5 27 0 0 4 3 4 1 46 6 19 7 41 17 2 7 2 6 20 42 27 11 8 16 6 1 2 7 2 5 3 4 1 2 12 14 1 1 5 0 1 2 3 3 30 43 2 14 1 3 County 2010 2011 2012 County 2010 2011 2012 DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 39
  • 41. | 40 | Shelby Stark Stephenson Tazewell Union Vermilion Wabash Warren 1 0 4 12 4 5 4 2 1 0 7 18 1 4 2 9 0 1 5 17 4 5 4 2 Washington Wayne White Whiteside Will Williamson Winnebago Woodford Cook Downstate Statewide 3 6 10 14 71 15 21 3 309 1,229 1,538 1 4 1 10 59 9 17 4 310 1,028 1,338 1 4 5 7 63 15 17 4 268 942 1,210 County 2010 2011 2012 County 2010 2011 2012 DUI Penalty Chart Class A misdemeanor • Possible imprisonment of up to 1 year; fines of up to $2,500. Class 4 felony • Possible imprisonment of 1-3 years; fines of up to $25,000. • Aggravated DUI involving injury — Possible imprisonment of 1-12 years; fines of up to $25,000. Class 3 felony • Possible imprisonment of 2-5 years; fines of up to $25,000. Class 2 felony • DUI — Possible imprisonment of 3- 7 years; fines of up to $25,000. • Aggravated DUI with 1 death — Possible imprisonment of 3-14 years; fines of up to $25,000. • Aggravated DUI with multiple deaths — Possible imprisonment of 6-28 years; fines of up to $25,000. Class 1 felony • Possible imprisonment of 4-15 years; fines of up to $25,000. Class X felony • Imprisonment of 6-30 years; fines of up to $25,000. DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 40
  • 42. | 41 | Drivers Arrested for DUI COUNTY Adams Alexander Bond Boone Brown Bureau Calhoun Carroll Cass Champaign Christian Clark Clay Clinton Coles Cook —Dist 1 —Dist 2 —Dist 3 —Dist 4 —Dist 5 —Dist 6 Crawford Cumberland DeKalb DeWitt Douglas DuPage Edgar Edwards Effingham Fayette Ford Franklin Fulton Gallatin Greene Grundy Hamilton Hancock Hardin Henderson Henry Iroquois 2010 350 34 33 336 24 82 13 50 58 569 72 68 58 83 273 3,536 1,333 2,115 1,224 1,558 1,137 121 60 585 89 53 4,248 56 12 288 112 60 167 173 53 70 155 30 46 11 148 146 68 2011 255 36 27 283 23 52 9 50 41 574 92 77 56 48 300 3,175 1,197 1,977 1,116 1,534 1,176 95 65 565 55 44 4,045 62 23 248 91 63 131 134 40 41 201 25 38 10 146 204 65 2012 210 29 39 236 30 57 16 39 60 598 67 66 58 72 288 3,326 1,210 1,832 1,169 1,168 1,185 79 53 509 67 60 3,724 65 19 233 82 63 155 150 24 49 151 15 34 17 150 170 46 DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 41
  • 43. | 42 | COUNTY Jackson Jasper Jefferson Jersey Jo Daviess Johnson Kane Kankakee Kendall Knox Lake LaSalle Lawrence Lee Livingston Logan McDonough McHenry McLean Macon Macoupin Madison Marion Marshall Mason Massac Menard Mercer Monroe Montgomery Morgan Moultrie Ogle Peoria Perry Piatt Pike Pope Pulaski Putnam Randolph Richland Rock Island St. Clair Saline Sangamon 2010 216 40 103 123 92 51 1,613 394 203 230 3,071 589 69 135 151 74 210 1,004 731 632 144 1,230 240 38 41 106 56 79 112 125 77 31 154 659 98 61 72 22 27 14 125 69 967 1,146 151 1,040 2011 189 41 140 128 124 23 1,417 270 241 189 2,593 573 60 118 144 94 163 942 788 571 141 1,046 197 36 30 87 50 72 116 123 117 39 152 660 85 47 42 21 24 12 64 58 987 994 92 1,190 2012 264 35 166 108 86 38 1,259 292 238 207 2,338 490 52 116 118 81 162 892 651 503 150 1,013 161 33 44 91 46 63 111 116 92 39 146 580 71 49 71 10 26 12 56 75 792 1,133 69 1,114 DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 42
  • 44. | 43 | COUNTY Schuyler Scott Shelby Stark Stephenson Tazewell Union Vermilion Wabash Warren Washington Wayne White Whiteside Will Williamson Winnebago Woodford Cook Downstate Statewide 2010 21 8 82 12 125 740 79 234 70 107 72 67 75 247 1,753 302 1,427 107 10,903 30,997 41,900 2011 19 5 58 12 149 537 75 211 61 128 37 73 89 227 1,623 249 1,289 83 10,175 28,529 38,704 2012 18 8 64 15 132 597 71 165 49 96 42 69 77 180 1,424 273 1,331 86 10,390 26,736 37,126 DSD A 118.17 duifact:Layout 1 1/15/14 3:40 PM Page 43
  • 45. EMERGENCY CONTACT DATABASE This free online service is available to any person with an Illinois driverʼs license, ID card or driving instruction permit. The information you enter in the database will allow law enforce- ment to quickly notify your family if you have an emergency medical situation or are involved in an automobile crash. All information is confidential and only accessible to law enforce- ment. The database allows you to designate two emergency contacts. To register your Emergency Contact Database information, visit the Secretary of Stateʼs website: dui cover 2014:Layout 1 1/15/14 2:24 PM Page 1