ILLINOIS STATE PROFILE

Transcription

1 The National Hardcore Drunk Driver Project ILLINOIS STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties for Repeat offenders Yes 10 Year Look Back Period for Repeat Offenders Yes More severe penalties for BAC test refusal than for test failure No DWI Courts Yes; Adult (Hybrid DWI/Drug) 2; Designated DWI 0 Vehicles sanctions Yes UNDERAGE VIOLATIONS: Graduated licensing Yes Zero Tolerance (i.e.,.02 BAC or greater) Yes - BAC limit: 0.00% Furnishing Yes - specified religious, educational, or medical purposes are exceptions IGNITION INTERLOCK LAW REQUIREMENTS: Yes Required for 2 or more DWI convictions, especially when granting restricted license NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 1

2 DEFINITIONS: Hardcore drunk drivers can be defined as those who drive with a high blood alcohol concentration of.15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education. Terms used in Illinois that could identify hardcore drunk drivers are: Repeat offender Class A misdemeanor on 2nd offenses within 10 years or subsequent offenses. Aggravated DUI Class 4 felony on 3rd or subsequent DUI offenses within 10 years. Illinois has enhanced penalties for DUI convictions with BAC levels.16 or greater. DWI RECORDKEEPING & REPORTING: Driving records are a primary means of tracking the problem of hardcore drunk drivers. The following are key aspects of Illinois records: New licensees are not reviewed for prior DUI offenses in their previous states prior to license issuance, except for commercial driver s license holders. DUI convictions from other states are considered prior offenses in Illinois. Illinois utilizes a statewide DUI reporting system. Offenders are tracked from arrest through disposition. There are approximately 8.4 million licensed drivers in Illinois. The average BAC level of arrested offenders is.16. The average BAC level of convicted offenders is not available. There were 51,358 drivers arrested for DUI in Of those, more than 50% were arrested for driving at BAC levels above.15. The number of people who were arrested as repeat drunk drivers is not available. There were 19,580 drivers (38%) who refused to take a BAC test. Of those refusals, the number that resulted in license revocation is not available. Of the 51,358 people arrested for drunk driving in 2000, 7,033 were convicted and 11,067 received court supervision as of Dec. 31, Of those, 34% of those arrested for drunk driving were at a high BAC level of.15 or above, and 18% of dispositions received in 2000 were repeat offenders within the last 5 years. There were 1,428 people arrested for driving with a suspended or revoked license in Of these, 95% or 1,357 were DUI offenders. SWIFT IDENTIFICATION: The quick detection, identification, and assessment of those who repeatedly drive drunk are essential to keeping the hardcore drunk driver off the road. In Illinois: Enforcement techniques used to detect and apprehend drunk drivers include: sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, BAT Mobiles and mobile videotaping. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 2

3 BAC test refusal carries an administrative license penalty, with suspension periods of 6 months for a 1st offense (although a judicial driving permit may be obtained after 30 days) and 3 years (mandatory) for 2nd or subsequent offenses. The penalty for BAC test refusal is less than the penalty for a drunk driving conviction. When a person refuses to submit to a chemical test, that fact is admissible as evidence in court. Hardcore drunk drivers are identified at trial, at sentencing, and post-conviction or through the DMV at the time of license suspension or revocation. A diversion program called court supervision is used. Offenders cannot be placed in the court supervision program if they have had previous DUI convictions or if they have participated in the diversion program for a DUI offense before. The judge determines the penalties for offenders who are placed into the court supervision program. Upon successful completion of the program, the DUI charge is dismissed. When drunk driving offenses are plea-bargained to non-alcohol related offenses, it makes it difficult to identify hardcore drunk driving offenders. There is no anti-plea bargaining statute. Alcohol assessment is conducted post-trial but pre-sentencing. See Effective Treatment section. In Illinois, a DUI conviction is a permanent part of the offender s driving record. CERTAIN PUNISHMENT: The application of swift and certain penalties that restrict the offender from driving, punish the offense and rehabilitate the offender must be imposed consistently to change hardcore behavior. The following sanctions may be ordered by the court or by the licensing authority: Licensing actions: - Suspension/revocation Illinois has both pre-conviction administrative and post-conviction court-ordered licensing actions. Pre-conviction suspensions are called statutory summary suspensions and carry a 3 month license suspension on a 1st offense and 12 months on 2nd or subsequent offenses. Post-conviction license suspension penalties are 1 year for a 1st offense, 5 years for a 2nd offense and 10 years for a 3rd offense. The license reinstatement fee is $60 for 1st offenders and $250 for repeat offenders. On a 4th DUI conviction, an offender s license is revoked for life. - Conditional licensing Restricted judicial driving permits (RDP) are issued to 1st offenders following the 30 day mandatory license suspension and after proof of hardship circumstances and a current alcohol evaluation have been provided. Repeat offenders and high BAC offenders may apply for an RDP after a mandatory license suspension with the installation of an ignition interlock device after the mandatory license suspension period. Vehicle actions: - Limited vehicle impoundment Following a DUI arrest, a person s vehicle may be impounded for up to 24 hours on a 2nd offense and up to 48 hours on 3rd or subsequent offenses by law enforcement officers if officers reasonably believe the person will commit another DUI offense. In the state of Illinois, the following sanctions may only be ordered by the court: Fines No mandatory minimums: NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 3

4 - 1st and 2nd offenses = not more than $2, rd or subsequent offenses = not more than $25,000. Incarceration Up to 1 year on 1st and 2nd offenses and 1 3 years on 3rd or subsequent offenses. Mandatory minimums: - 2nd offense within 10 years = 5 days. - 3rd or subsequent offenses within 10 years = 10 days (If probation or conditional discharge is granted). Enhanced penalties for convicted offenders with BAC levels of.16 or above: - Fine = $500 on a 1st offense, $1,250 on 2nd offenses, $2,500 on 3rd offenses, and not more than $25,000 on 4th or subsequent offenses. - Imprisonment = Up to 1 year in jail on a 1st or 2nd offense (5 days are mandatory for 2nd offenses within 5 years), 90 days in jail on 3rd offenses, and 3 7 years on 4th or subsequent offenses. Community service May serve in lieu of jail: - 1st offense = 100 hours. - 2nd offense = 30 days minimum if 2nd offense occurs within 5 years of the previous DUI conviction. - 3rd offense = 30 days if probation is granted. Home detention At the discretion of the court. Intensive supervision probation Used for 2nd and subsequent offenses. Victim impact panel At the discretion of the court. Vehicle actions: - Ignition interlock 2nd and subsequent offenders shall be required to install ignition interlock devices on all vehicles owned or used by the offenders. Offenders who are placed in diversion programs may be required to use ignition interlock devices. - Vehicle forfeiture A vehicle is subject to forfeiture on 3rd or subsequent offenses, however it is not mandatory. Treatment Mandatory for repeat and high BAC offenders based on alcohol assessment results. The offender must pay the cost. See Effective Treatment section. Other special assessments/surcharges Defendants must provide restitution to victims, are assessed a $25 administrative fee, a $50 formal hearing fee for obtaining a RDP, a $100 fee to the trauma center fund, a $30 fee may be assessed for court costs along with additional court costs fees based on population, a $100 fee for DWI education programs, a $200 fee for police equipment purchase costs, a fine surcharge, up to $500 for EMS costs if emergency response was provided, possible restitution to the Secretary of State s office to reimburse evidence gathering costs, and $150 to cover crime lab costs. Driving while suspended The penalties for driving on a suspended license as a result of a DUI conviction include imprisonment, community service, fines, additional license suspension or revocation, and possible vehicle immobilization or license plate impoundment. In Illinois, previous arrest and conviction records are available at the time of sentencing. EFFECTIVE TREATMENT: Treatment and rehabilitation programs that change hardcore drunk driver behavior and lifestyles play an important role in reducing recidivism. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 4

5 In Illinois: An alcohol evaluation with appropriate treatment is required for all DUI offenders to determine the nature and extent of their alcohol problems. The evaluation is conducted post-trial but pre-sentencing. The court takes the results of the assessment into consideration in final sentencing. Evaluations are conducted by a private agency at the behest of the defense attorney, a state administrative agency, or by a private agency at the direction of the court and the offender must pay the cost. Treatment for high BAC offenders and repeat offenders is mandatory if the alcohol evaluation indicated an alcohol problem. Additionally, all DUI offenders must complete an alcohol remedial education program. The cost is $50 and the offenders must pay for it. Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action. Illinois does not have dedicated detention and treatment facilities that target the hardcore drunk driver. INNOVATIVE TACTICS: Earmarked funding: There are a variety of fees and fines which go to support driver s education, police training, indigent offender assessment and treatment costs, the purchase of equipment for the arresting agency, the victim s restitution fund, and the trauma center fund. Ongoing study on the impact of treatment on hardcore drunk drivers: In an ongoing study of the impact of risk assessment for the DUI hardcore drunk driver, Illinois is engaged in a long-term project with the University of Illinois at Springfield, the Illinois Department of Transportation, Division of Traffic Safety and a number of other agencies involved in working with DUI offenders. The study and subsequent piloting of a new risk reduction assessment program will feature a series of mini-studies to obtain a clearer understanding of the hardcore drunk driving offender and effective assessment criteria that can be used in DUI assessments and subsequent treatment programs. DUI Enforcement waves: A new effort has been undertaken in the last few years to conduct seven DUI enforcement waves each year. The project is geared to both large and small police agencies across the state. DUI law rewrite: This effort, just underway, is expected to take two years. The purpose of the project is to revise current DUI laws and codify them in one code, to clarify any inconsistencies in sentencing options, and provide the judiciary with streamlined statutes. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 5