Chicago DUI attorney corrects a local newspaper on the state of DUI law in Illinois

This Chicago DUI attorney posted here about Rep. Ron Stephens DUI arrest a few months ago. He’s back in the news but not the way you may think.

June 9, Belleville, IL

Stephens, 62, pleaded guilty to a DUI last month. In March, Decatur police pulled Stephens over with a blood alcohol count of 0.101, well above the legal limit of 0.08. Stephens told police he was on his way home from a dinner party. He said he had drunk two whiskeys and soda. Stephens received one year of court supervision and his driver’s license was suspended until Oct. 30. He can, however, drive with an in-car breath-monitoring unit. A 2009 law allows anyone convicted of a DUI, including a first-time offender, to drive on a suspended license if he agrees to install a breath alcohol ignition interlock device. Drivers cannot start the vehicle without blowing into the unit, which asks for another test at random intervals after the vehicle has been started. Drivers must pay for the gadgets, which cost around $80 to install and $80 a month to rent. And there is a $30 monthly state fee to send monthly reports to the Secretary of State.

“I am humiliated and embarrassed to stand before you and talk about it,” Stephens continued. “There is no excuse for drunk driving.”

Stephens also referred to the Illinois Department of Financial and Professional Regulation’s recent decision not to renew his pharmacist’s license, which expires in 2012. His license was placed on probation in 2001 after the state found Stephens had diverted controlled substances from his pharmacy for personal use. Stephens has 30 days to request a hearing.

Grrr, Now to correct the bad law cited in the article above. In Illinois, a conviction on a DUI has the collateral consequence of causing the Secretary of State to revoke your driving privileges. According to the article, Rep. Stephens was not convicted (to keep it simple a conviction is a legal term). Instead he received court supervision. If you receive court supervision on a DUI (it’s available, although not guaranteed, for a first time DUI offender) then your driving privileges are not revoked. Instead, you may face a Statutory Summary Suspension for being charged with a DUI (not guilty just charged!). Assuming Rep. Stephens is a first time DUI offender and a successful hearing on the Petition to Rescind Statutory Summary Suspension was not held, then Rep. Stephens’ driving privileges would be suspended for a period of six months because he submitted to alcohol testing with a result over the legal limit of 0.08 ( a refusal to submit to the test results in a one year suspension). 

A first time DUI offender is permitted to operate a vehicle if it is equipped with a BAIID under Illinois MDDP.  During the Statutory Summary Suspension a vehicle can only be operated if it is equipped with a BAIID or if the court has granted permission to drive work vehicles, based on supporting documentation from the accused's employer.  If the accused could have had a BAIID installed and is caught operating a vehicle without a BAIID (or the work exemption) then that person faces a Class 4 felony, subject to a minimum of 30 days in jail and up to one year in prison.