Got a DUI in Illinois? Here’s the Possible Situations

GUEST CONTRIBUTOR: Jerald Novak
Chicago and Suburban Area DUI Attorney

Illinois is one of the few states that penalizes a driver with a driver’s license suspension “automatically” and “up front” (before resolution of his case) when arrested for DUI.

A DUI in Illinois

Our client, Mr. Johnny Walker, is arrested on the morning of January 1^st, 2018. The officer provides Johnny with several documents, including but not limited to:

1. His DUI and traffic citations;
2. A Warning to Motorist, and
3. A Notice of Statutory Summary Suspension (SSS)

What Do These Documents Advise?

The Warning to Motorist advises Johnny that if he is a “FIRST OFFENDER” and IF his BrAC (Breath Alcohol Content) is over .08, his driver’s license will be valid from the date of arrest and the following 45 days.

On February 16, the 46th day after the date of arrest, Johnny’s driver’s license will be suspended for six months, unless Johnny REFUSED the breath, blood or urine test request. In that case, Johnny will have a suspension period that lasts 12 months.

If Johnny goes to the circuit court and successfully challenges his Statutory Summary Suspension (SSS), then Johnny will not need a Breath Alcohol Ignition Interlock Device (BAIID) in his car. The license suspension will be removed from his record. No device, no limitation as to vehicles he can drive and best of all, nothing to explain to other people who may ride in the vehicle with Johnny and no personal embarrassment.

What If Johnny Loses His Suspension Hearing?

If Johnny is unsuccessful in his quest to overturn the DUI suspension (SSS) and he wants to drive during the suspension period, he must obtain an MDDP (Monitoring Device Drivers Permit). This requires him to only drive vehicles with a BAIID inside it. The IL SOS will send Johnny a letter telling him how to go about obtaining this device and thus get his permit to drive.

Obtaining the permit is very easy. Johnny in most cases must only pay monitoring fees to the Illinois Secretary of State (SOS) and have the BAIID installed in the vehicle. Even though Ignition Interlock technology is similar, not all Ignition Interlock providers are equal.

I have found that an Interlock provider with many convenient local installation locations and a personal company liaison are the most helpful.

MDDP Driving Is (Almost) Unlimited

When granted, the MDDP will allow Johnny to drive 24 hours a day, 7 days a week, for any reason, anywhere he’d like to drive, at any time of day or night and as much as he’d like to drive. The ONLY limitations upon Johnny is that he is limited to that identified vehicle* with the BAIID, and he cannot consume any alcoholic beverages prior to driving.

*If Johnny drives a company car or company truck he can obtain permission from the Illinois SOS and his employer to operate those vehicles without a BAIID, but he will still be required to install a BAIID in his personal vehicle. There are a few stipulations that may prevent Johnny from receiving this privilege, such as: being self-employed, taking the vehicle home after work hours, and/or is allowed to drive the company vehicle for personal reasons.

What About Second Offenses?

If Johnny is a second (2nd) offender (within five years of a previous DUI, previous DUI reduction to Reckless Driving, Reckless Driving or previous DUI suspension) then the same effective timeline applies, but Johnny receives a longer suspension.

1. 12-month suspension if Johnny provided a breath, blood or urine sample that revealed a BrAC or BAC of .08 or greater, or a positive lab result for some prohibited drug or THC more than 5 nanograms.
2. If Johnny had “refused” the test, he would receive a 3-year suspension.
3. If Johnny is beyond the five (5) year-period between DUI offenses, then he will receive a notice from the Illinois SOS that he is a “FIRST OFFENDER”. In reality, he is only a “FIRST OFFENDER” for purposes of the length of driver’s license suspension and obtaining the MDDP.

What If Johnny Does Not Qualify for an MDDP?

In either of these instances OR if Johnny is convicted of the DUI and his driver’s license is revoked, then he does NOT qualify for an MDDP and cannot “automatically” get a permit to drive.

Johnny must petition the IL SOS (at a separate physical location and a separate proceeding that has no effect on the current DUI case). Obviously, before the IL SOS would consider granting relief to Johnny under these circumstances Johnny would have had to obtain a DUI evaluation, completed treatment and have some substantial proof of life changes, including but not limited to 6-12 months of abstinence and/or a reduced pattern of consuming alcohol or drugs.

However, if Johnny is successful at the Illinois SOS, he may obtain an RDP (Restricted Driver’s Permit). The RDP allows Johnny to drive for the following tasks:

A. To/from work and work-related driving;
B. To/from child care;
C. To/from treatment, counseling, A.A.;
D. To/from medical treatment(s);
E. To/from school;
F. To/from religious participation.

Before Johnny gets his various RDPs, he must install a BAIID in his car and generally maintain it for one to five years. In the instance that five years is required it must be FIVE CONSECUTIVE UNINTERRUPTED YEARS. If the period is interrupted, the 5-year period re-sets and begins anew. No joke. No re-dos. Johnny has just re-upped for 5 additional years with a BAIID in Illinois.

What If Johnny Is Revoked for Life?

Under certain instances, such as a driver with four or more DUI convictions, this driver cannot ever obtain full driver’s license reinstatement and is revoked for life. He can petition the Illinois SOS through a Formal Hearing to attempt to obtain an RDP after a minimum 5 years’ revocation and 3 years of documented, uninterrupted sobriety. If successful, that driver will need the BAIID for life! They will also need to have an annual hearing to extend that RDP.

Are RDPs Like MDDPs?

RDPs are far more difficult to obtain than an MDDP. There are restrictions in time, scope, distance and reason. You must be driving for the permit’s identified use such as work, child care, etc. You must also be within the applicable mileage and time limits on the permit. Your permit is also only valid on select days. If caught outside ANY of the terms of the permit the driver will be charged with Driving While License is Revoked. In these instances, the offense could be a misdemeanor but far more likely to be a FELONY DWLR. In that instance you may be looking at extended jail time, or, in many instances, prison time. A driver granted an RDP would be well advised to strictly adhere to the limits of their RDP.

Interlocks (BAIIDs) Make Roads Safer and Contributes to A Robust Economy

BAIIDs prove to contribute to many positive changes to the driver and others on the road. A BAIID:

• Reduces recidivism and fatalities
• Eliminates new DUIs
• Protects the driver
• Frees up law enforcement to concentrate on other matters, and
• Makes the road safer for other drivers

It seems antiquated to limit the time, scope, area and type of driving that the SOS allows to an RDP holder since the BAIID IMMEDIATELY STOPS drunk driving in its tracks. Interlock, or BAIID, technology allows the revoked driver to support themselves and their family by being able to maintain employment, share in the household family responsibilities and continue to be positively contributing to their family, the community and the economy.

Jerald Novak
Illinois DUI Criminal Defense Attorney
Serving Lake, Cook, DuPage, Will and Kane Counties
Jerald Novak and Associates
Jerry@iwindui.com

Do you need more information about Smart Start Ignition Interlock Devices? Call our team at (800) 831-3299 or fill out our online form.