Under these new laws, people are being sentenced to jail, as required by state legislators, for driving while their license is suspended based on a DUI arrest. The license suspension is triggered by the Statutory Summary Suspension. Statutory Summary Suspension is only for DUI arrests. If a first-time DUI accused submits to testing by breath, blood, or alcohol and is over the legal limit of .08 the license will be suspended for six months. If the accused refuses to submit to these tests the license will be suspended for one year.
Some of you are already wondering how is that any different than the way the law used to be in such cases. It used to be a first time offender had a choice between community service and jail. It used to be a first time offender would be charged with a misdemeanor but the ripple effect of the changes to DUI law are great.
Currently in Illinois, if you are charged with driving while your license is suspended based on a DUI arrest (note I said arrest, not a conviction) and you could have been driving legally with an Interlock Ignition Device installed in your vehicle, the minimum sentence is 10 days in jail and it is a class 4 felony.
625 ILCS 5/6-303 (c) (3)- Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11‑501.1 when the person was eligible for a MDDP shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
I just don't get why some folks think a DUI is no big deal. It is.
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