Saturday, May 10, 2008

Illinois Ignition Interlock Device Law

Public Act 095-0400, signed into law by Governor Rod Blagojevich on August 24, 2007, requires that all first-time DUI arrestees who receive a statutory summary suspension be issued a “Monitoring Device Driving Permit” (MDDP) and be required to drive only vehicles with an ignition interlock device installed. The device will require the driver to blow into it, like a breathalyzer. The vehicle will not start if alcohol is detected. The law will go into effect beginning January 1, 2009. In effect, the law allows a person whose driver's license has been summarily suspended to drive a vehicle as long as an ignition interlock device is installed.

Statutory Summary Suspension
Statutory Summary Suspension is an administrative procedure by which a driver arrested for DUI, who fails or refuses to take a chemical test has his driver's license automatically suspended. An arrested driver fails chemical testing by having a Blood Alcohol Content (BAC) of .08 percent or more (the existence of any amount of marijuana or other controlled substance is also considered a failure). This suspension is automatic, starting the 46th day following the notice date of suspension. Current law provides for a court to order the issuance of a Judicial Driving Permit (JDP) under certain circumstances, which allows a person with a suspended license to drive for limited purposes.

Changes to the Law
Beginning January 1, 2009, a JDP will no longer be available and will be replaced by the MDDP. This permit will be available to all first time DUI offenders as long as the court finds the following:
  • The offender's driver's license is otherwise valid;
  • No death or great bodily harm resulted from the DUI arrest;
  • The offender has not been previously convicted of reckless homicide; and
  • The offender is not less than 18 years of age.

Currently, Section Sec. 6-206.1 of the Illinois Criminal Code provides that a JDP may only be granted for “the purpose of employment, receiving drug treatment or medical care, and educational pursuits, where no alternative means of transportation is available.” The new act changes the law to remove those limitations for the MDDP. It provides that a driver with an MDDP can drive “for any purpose and at any time” provided that the person complies with the rules adopted by the Secretary of State as to what is a violation of the MDDP. At a minimum, these rules will provide that a person falls out of compliance when the person does any of the following:

  • tampers or attempts to tamper with or circumvent the proper operation of the ignition interlock device;
  • provides valid breath samples that register blood alcohol levels in excess of the number of times allowed under the rules;
  • fails to provide evidence sufficient to satisfy the Secretary that the ignition interlock device has been installed in the designated vehicle or vehicles; or
  • fails to follow any other applicable rules adopted by the Secretary.

The new law actually gives people with a DUI-based Statutory Summary Suspension more rights than under the current system. It allows them to use their vehicles as long as the device is installed whereas, under current law, most of these people would not be allowed to drive at all. Even so, if you were arrested for DUI, you should not wait for the first court date to contact an attorney but should do so immediately. Delay in contacting an attorney can result in the loss of certain rights. Several important things can happen on your case before you go to court for the first time.

Thanks for reading my blog. If you have any questions or comments, feel free to leave a response to this posting, but keep in mind that your response will not be kept confidential. If you have been arrested for DUI in the Chicago area, contact an experienced DUI attorney immediately to protect and preserve your rights. If you need assistance with a violation of Illinois’ DUI or traffic laws, contact me to schedule a free, confidential consultation.

1 comments:

ptbietz said...

provides valid breath samples that register blood alcohol levels in excess of the number of times allowed under the rules;

What are the number of times in IL?
Are these failed tests of .03 and over?

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973