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Serving the Chicagoland Area and Its Surrounding Suburbs

RAISE YOUR HAND IF YOU CAN IDENTIFY​

Perhaps we have all been guilty of... having a just a few drinks with family - with friends, hugging - saying goodbye, pulling out our keys - deactivating our car alarm, putting the key in the ignition - driving home, pulling into our garage - turning off the car, wandering up to bed and finally with a sigh of relief...go to sleep.  


Perhaps we have all been sick or allergies getting the best of us early in the morning and took some cough syrup or allergy medication and paid no attention to the "may cause drowsiness" warning label on the back.  Who reads that? We are already late - in a rush - tired but determined to get to work. 


Perhaps we have all met up with some old college friends and partied just a little too hard and smoked some hits of marijuana for "old times sake" - look at the clock and realize it's late and we need to get home - so we say goodbye to the guys - call it a night - and race home.


Perhaps we have all had a medical procedure or a tooth pulled and our doctor or dentist prescribed us some pain killers - we have some errands to run - we grab a glass of water - take two pills so that physical movement can be tolerable for the next couple hours - and then out the door we go and get in the car.


WHAT IF...


...We never made it home?

...We never made it to work?

...We never got to say "I love you" before we left?

...We hit or kill-- some---?

...Life as we knew ended?


CALL AN UBER...IT'S SO MUCH LESS OF A MYSTERY.

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A DUI ARREST

  • An officer observes and stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation
  • The officer observes the driver and requests to see a driver’s license, vehicle registration and proof of insurance
  • 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 released without 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, blood or urine 
  • If tested drivers have a BAC of more than .05 but less than .08, a THC of less than either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance and no other drugs found in their system, no statutory summary suspension  will apply; HOWEVER, the associated DUI charge will remain until appropriate action is taken by the court
  • If the driver refuses to submit to or fail to complete chemical testing, a statutory summary suspension will be imposed. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit (MDDP)
  • If the driver is a repeat DUI offender, he/she may be eligible for a Restricted Driving Permit (RDP)
  • If the driver’s test results show a BAC of .08 or more, a THC of either 5 nano -grams or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, or any trace of a drug (other than cannabis), illegal substance or intoxicating compound, the driver will be issued a law enforcement 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 BEFORE their MANDATORY 30 DAY SUSPENSION BEGINS
  • The driver may obtain additional testing at their own expense; the results are admissible in court
  • The driver is required to post bond and may be detained until bond is posted
  • The driver's vehicle may be towed, impounded or seized

Most Recent Changes of Illinois DUI Laws

Effective January 1, 2018:


Enhanced penalties apply upon conviction for driving while revoked if the driver is revoked for aggravated DUI that resulted in a death. The prosecution of an Aggravated DUI resulting in the death of another person may be commenced at any time.


Effective Aug. 22, 2017:


Enhanced penalties apply upon conviction for driving while revoked if the driver is revoked for aggravated DUI that resulted in death. The prosecution may be commenced at any time.


Effective August 12, 2016:


The Chief Judge of the circuit court of any Illinois county may order the establishment of a program for electronic monitoring of offenders for alcohol and drug consumption.


Effective August 11, 2017:


The Secretary of State shall be notified when a person has been convicted of or received a court supervision for operating a snowmobile or watercraft while under the influence of alcohol, drugs or intoxicating compounds.


Effective Aug. 11, 2017:


Public officials shall report to the Secretary of State when a juvenile has been convicted or received court supervision for a DUI while operating a snowmobile or watercraft.


Effective January 1, 2017:


A guilty plea will not be accepted until all penalties have been explained including the possible loss of driving privileges

The Secretary of State shall notify the driver and the Illinois Department of Public Health will revoked a medical cannabis card for a driver convicted of a felony violation of the state or federal Control Substance Act, the Cannabis Control Act of the Methamphetamine Control Act.


Effective July 29, 2016:


Any person with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances may be CHARGED WITH A DUI.


Effective Jan. 1, 2016:


A first-time DUI offender is now eligible to apply for a Monitoring Device Driving Permit (MDDP) during the first 30 days of a statutory summary suspension.


A repeat DUI offender is now eligible to apply for a Restricted Driving Permit (RDP) during a statutory summary suspension (previously no driving relief was available).


A person whose driver’s license has been revoked for life as the result of 4 DUI convictions may apply for a Restricted Driving Permit after serving a 5-year revocation and proving a minimum of 3 years of abstinence. The person may only drive vehicles that have been equipped with a Breath Alcohol Ignition Interlock Device.


A person with 2 or 3 DUI convictions must obtain a restricted driving permit, install a Breath Alcohol Ignition Interlock Device on all vehicles owned by the person and may only drive vehicles equipped with the device for a period of 5 years before full driving privileges are FULLY RESTORED.


A person who has resided in Illinois for a minimum of 10 years and whose driver’s license was revoked in his/her former state of residence may seek an administrative hearing to ask for the issuance of an Illinois driver’s license.


A person under age 21 may not be charged with possession or consumption of alcohol by a minor if that person (1) requested medical assistance for an individual due to alcohol consumption; (2) remained at the scene after contacting authorities; and (3) provided his/her full name, other relevant information and cooperated fully with law enforcement officers.



Medical Marijuana and Illinois DUI Laws

Illinois allows for the use of cannabis for medicinal purposes. 


Individuals who are authorized to use cannabis MUST be registered with the Illinois Department of Public Health (IDPH) and 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 impaired by the use of cannabis, EVEN IF IT IS 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 police officer stops a vehicle driven by a person who holds a medical cannabis registry card and the officer has REASONABLE SUSPICION to believe the person is impaired by the use of cannabis, the driver MUST submit to field sobriety testing. Refusal to submit to testing or failure of the field sobriety tests will result in the suspension of the person’s driver’s license.


DRIVING WHILE IMPAIRED BY THE USE OF MEDICAL CANNABIS OR DRIVING WITH AN OPEN CONTAINER MAY RESULT IN THE LOSS OF DRIVING PRIVILEGES AS WELL AS REVOCATION OF THE DRIVER'S MEDICAL CANNABIS CARD!


Youtube video thumbnail

The Woman Who Made Me Look At Driving Under The Influence Differently

"I will never forget the first moment I saw the original video years ago that aired on the Oprah Winfrey Show and if you make it through this entire video...I know that you will not forget either."

Latechia Hester

WHEN WE KNOW BETTER PERHAPS WE CAN DO BETTER


TO LEARN MORE ABOUT THE ABOVE ILLINOIS DUI LAWS AND MORE CLICK BELOW FOR MORE INFORMATION 


ILLINOIS DUI FACT BOOK 2018

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