New Law Impacts Drivers with Out-of-State DUI Conviction

If you have a prior DUI conviction in a state other than Illinois, take notice of a new law that was just signed on August 4th by Governor Blagojevich. Public Act 95-0778 amends the Illinois Vehicle Code to provide that a person who commits a DUI during a period in which his or her driving privileges are revoked or suspended for DUI under the law of another jurisdiction is guilty of a Class 4 felony. A Class 4 felony is punishable by imprisonment of 1-3 years and fines of up to $25,000. This new law is effective immediately.

This new law is one of many new laws imposing strongest penalties for DUI convictions. Effective June 1, 2008, drivers face tougher penalties for DUI offenses resulting in felony charges, which are now classified as Aggravated DUI. Any mandatory term of imprisonment or community service may not be reduced or suspended. Any person sentenced to probation or conditional discharge must also serve a minimum of 480 hours of community service or 10 days of imprisonment.

The following offenses will result in an Aggravated DUI:

• DUI committed while license was revoked or suspended for DUI, reckless homicide, or leaving the scene of a personal injury or death
• DUI committed without vehicle liability insurance
• DUI committed without a valid license or permit
• DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash resulting in bodily harm
• DUI while driving a school bus transporting a passenger 18 or younger
• DUI committed while transporting a child under the age of 16 and involved in a crash that results in bodily harm to the child
• DUI resulting in great bodily harm, permanent disability or disfigurement
• DUI resulting in death
• Second DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death
• Second or subsequent DUI committed while transporting a child under the age of 16
  Third or subsequent DUI
  
  The penalties for the above Aggravated DUI offenses range from Class 4 felonies (imprisonment of 1-3 years and fines of up to $25,000) to Class 2 felonies, which carries penalties of 3-14 years imprisonment (6-28 years if more than one death is involved), fines of up to $25,000, and revocation of driving privileges for two years.
  
  The laws regarding penalties for DUI convictions are constantly changing and evolving. If you have been accused of a DUI offense, it is important to seek experienced legal counsel with special expertise in the area of DUI defense. If you have been accused of a DUI offense, contact me for immediate assistance.