McLean County Circuit Court Driving Under the Influence (DUI) in Illinois

Transcription

1 McLean Cunty Circuit Curt Driving Under the Influence (DUI) in Illinis The State f Illinis has a number f prgrams in place t end r strngly discurage Driving Under the Influence (DUI). A few f these include: A Safer State With.08 Suspended Driving Privileges DUI Infrmatin fr Adults Zer Tlerance Law fr Underage Drinking and Driving Traffic Fatalities in Illinis t 2004 Hw Drunk Drivers are Handled in ther Cuntries Use It & Lse It (Zer Tlerance Law) Revked Driving Privileges Teenage Drinking and Driving Bld Alchl Cntent Table Myths abut Alchl Web Links related t Treatment and Supprt f Addictins and Abuse A Safer State With.08 The creatin f Illinis.08 law marked an imprtant milestne in ur state s effrts t end drunk driving and imprve safety n ur radways. With this law, Illinis jined a grwing number f states that recgnized a bld-alchl cntent (BAC) f.08 percent as the level at which all mtrists are t impaired t drive. Any persn wh nw drives in Illinis with a BAC f.08 r mre risks being charged with Driving Under the Influence (DUI). Unfrtunately, alchl invlvement is still the mst cmmn factr in highway deaths and injuries. While nly 7 percent f all crashes invlve alchl use, 41 percent f fatal crashes d. Research shws that states with a.08 BAC limit law experiences a significant decline in alchl-related crashes, injuries and deaths. They d s primarily because.08 laws make all mtrists - even habitual drunk drivers - far mre reluctant t drink and drive. Experts estimate that as many as 65 lives culd be 1

2 saved each year in Illinis - and thusands f injuries prevented - due t the.08 law. By setting a lwer limit n the amunt f alchl mtrists can cnsume befre driving, we hpe Illinis can als save lives and spare mre families frm heartbreaking, needless tragedies. What is.08? In Illinis, a persn with a BAC f.08 is cnsidered legally drunk. A driver s BAC is determined by the rati f alchl t breath r bld and may be measured by a breathalyzer r bld test. Any persn fund perating a mtr vehicle in Illinis with a BAC f.08 percent r mre can be charged with Driving Under the Influence. A DUI arrest triggers an autmatic suspensin f ne's drivers license. Is a persn really impaired at.08 BAC? Research shws that critical driving skills are impaired fr anyne with a.08 BAC. A driver s attentin, cmprehensin and re-actin times are substantially diminished at.08 BAC. Specific skills, such as lane changing, braking and acceleratin, als are significantly affected. At.08 BAC, a driver is 11 times mre likely t be killed in a single vehicle crash than a nn-drinking driver. Hw des the law affect yu? The.08 BAC limit encurages peple t think twice abut getting behind the wheel after they have had t much t drink. Drivers must make respnsible decisins abut transprtatin - befre they drink - such as using a designated driver r calling a cab. What are the cnsequences f a DUI? Driving Under the Influence is a serius criminal ffense with devastating cnsequences. A persn caught driving with a BAC f.08 percent r mre can be arrested and charged with DUI and will face an autmatic driver s license suspensin. A DUI charge can result in the ffender being handcuffed, bked, finger printed and put in jail. Getting a DUI is cstly, embarrassing and leaves a permanent blemish n a persn s driving recrd. Bail bnd, fines, attrney fees, curt csts, increased insurance premiums and alchl educatin prgrams all cntribute t the $9,000 average cst t a DUI ffender. By far, the mst devastating cnsequences f DUI are thusands f needless, senseless injuries and deaths. Natinally, mre than 17,000 peple die each year in alchl-related crashes, and abut 1 millin peple are injured. 2

3 What can yu d? Think befre yu drink. Befre yu begin drinking, chse a designated driver a persn wh vluntarily abstains frm drinking alchl and pledges t take everyne hme safely. If yu r smene yu knw has been drinking, arrange fr a taxi r ther means f safe transprtatin hme. Keep in mind that alchl impairs judgment. After cnsuming several drinks yu may cnvince yurself that yu can drive safely. Statistics prve therwise. Use It & Lse It (Zer Tlerance Law) Under the "Use It & Lse It" zer tlerance law, drivers under age 21 with any trace f alchl in their systems will lse their driving privileges. A zer tlerance ffense invlves the fllwing administrative penalties as utlined belw. Underage drivers are charged with driving under the influence if there is any trace f alchl, any illegal drugs in their system r if the arresting fficer believes the driver t be chemically impaired. A DUI cnvictin invlves bth administrative and criminal penalties and will result in bth the revcatin f the driver's license and the suspensin f vehicle registratin privileges. Penalties fr drinking and driving under age 21 Zer Tlerance (BAC f.01 r greater) DUI Cnvictin (BAC f.08 r greater) Lss f driving privileges 1st vilatin 3 mnths 2 years minimum Test Refusal 1st vilatin 6 mnths 2 years minimum Lss f driving privileges 1 year Until age 21 r 3 years minimum 2nd vilatin Test Refusal 2 years Until age 21 r 3 years minimum 2nd vilatin Effect n driving recrd Except during suspensin perid Permanently n public driving nt n public driving recrd as recrd lng as there is n subsequent suspensin Frequently asked questins regarding the zer tlerance law: What leads t testing fr alchl? A plice fficer will test fr alchl if, after issuing a citatin fr any traffic ffense, he r she has prbable cause t believe a driver has cnsumed alchl. Based n the driver's physical cnditin r the plice fficer's first-hand knwledge, a test may be requested. 3

4 Aside frm the lss f driving privileges and pssible fines and jail time, what ther cnsequences can drinking and driving have? Drinking and driving can result in injuries r death f the driver, passengers, and thers. It leads t high insurance csts, mandatry alchl evaluatin and treatment, curt and attrney fees and negative lng-term effects n yur driving recrd and jb pprtunities. Are there any exceptins t suspensin? The nly peple nt subject t this law are thse wh cnsumed alchl in a religius service r ceremny, r thse wh ingested the prescribed r recmmended dsage f medicine cntaining alchl. This evidence can be presented at an administrative hearing and des nt require a curt appearance. Under what cnditins can a persn drive while suspended? A restricted driving permit can be issued after a prtin f the suspensin perid has passed t relieve undue hardship. It may allw driving fr specific emplyment r educatinal purpses as well as fr btaining medical care. If yu have additinal questins, please cntact the Secretary f State's ffice at: Driver Services Department 2701 Suth Dirksen Parkway Springfield, IL / in Springfield SUSPENDED DRIVING PRIVILEGES The State f Illinis has declared a plicy that a driver wh is impaired by alchl and/r drugs is a threat t the public safety and welfare. In rder t minimize the threat t public safety, the State f Illinis has deemed it apprpriate t suspend an intxicated drivers license. A statutry summary suspensin means that driving privileges will be withdrawn fr a specified perid f time and then reinstated. This will be impsed if the bld alchl cntent (BAC) f the driver is.08 r greater r if the driver refuses t submit t r fails a chemical testing. A first ffender will autmatically receive a three (3) mnth suspensin fr a BAC f.08 r greater and an autmatic six (6) mnth suspensin fr refusal t submit t chemical testing. The fficer will take the driver's license during the arrest and issue a temprary receipt t drive fr 45 days. The statutry summary suspensin begins n the 46th day after the arrest, and driving privileges are autmatically suspended. First-time DUI ffenders may apply t the curt fr a judicial driving permit 4

5 (JDP) which wuld allw them t drive during the suspensin (nly under certain cnditins and when n ther frm f transprtatin is available). Hwever, the persn must prvide the curt with a current alchl and drug evaluatin and must prve that a hardship exists. REVOKED DRIVING PRIVILEGES If yu are cnvicted f a DUI, yur license will be revked. Unlike the statutry summary suspensin, a revked license is nt autmatically reinstated at the end f a perid f time. A driver whse license has been revked must meet the fllwing requirements t have his/her driving privileges reinstated: 1. The driver must underg an alchl and drug evaluatin. Prf f treatment must be submitted if a prblem is indicated. 2. An alchl and drug remedial educatin prgram must be cmpleted. 3. The driver must appear befre a Secretary f State hearing fficer. Hearings fr first ffenders may take place at reginal driver services facilities. Subsequent ffenders must attend a frmal hearing in Springfield, Chicag, Mt. Vernn r Hillside. At the infrmal r frmal hearing: 1. The persn's verall driving recrd, the seriusness f the ffense, and the driver's remedial effrts will all be cnsidered. 2. The driver must demnstrate that public safety will nt be endangered. Prir t reinstatement, a revked driver is als required by law t: 1. Pay a $60.00 reinstatement fee. 2. File prf f financial respnsibility. 3. Pass the full drivers license examinatin and pay applicatin fee. A driver whse license is revked fr a DUI cnvictin may apply t the Secretary f State's ffice fr a restricted driving permit (RDP). This permit allws a persn t drive during the revcatin perid fr emplyment, educatinal and/r medical purpses when n ther frm f transprtatin is available. Appearance befre a hearing fficer in the Secretary f State's Department f Administrative Hearings and certain criteria must be met befre the driver is issued an RDP. Additinally, the ffender must prvide prf f remedial educatin r rehabilitatin, present a current prfessinal drug and alchl evaluatin, and prve that a hardship exists. 5

6 DUI Infrmatin fr Adults DUI Cnvictin Penalties First DUI cnvictin Lss f full driving privileges fr a minimum f ne (1) year. Pssible imprisnment fr up t ne (1) year. Maximum fine f $2,500. Secnd DUI Cnvictin Minimum five (5) year lss f full driving privileges fr a secnd cnvictin within a twenty (20) year perid. Mandatry five (5) days in jail r thirty (30) days cmmunity service fr a secnd cnvictin within a five (5) year perid. Pssible imprisnment fr up t ne (1) year. Maximum fine f $2,500. Third DUI Cnvictin - Class 4 felny Lss f full driving privileges fr a minimum f six (6) year. Pssible imprisnment fr up t three (3) years. Maximum fine f $10,000. Other Alchl Offenses Felny DUI Class 4 felny (fllwing a crash resulting in great bdily harm r permanent disfigurement.) Lss f full driving privileges fr a minimum f ne (1) year. Pssible imprisnment fr ne (1) t three (3) years. Maximum fine f $10,000. Prviding Alchl t a Persn Under Age 21 Pssible imprisnment fr up t ne (1) year. Subject t a maximum fine f nt less than $2,500. Illegal Transprtatin f an Alchlic Beverage Maximum fine f $1,000. 6

7 Pint-assigned vilatin will be entered n drivers recrd. Drivers license suspensin fr a secnd cnvictin in a 12-mnth perid. Knwingly Permitting a Driver Under the Influence t Operate a Vehicle Pssible imprisnment fr up t ne (1) year. Maximum fine f $2,500. DUI with a minr in the vehicle Six (6) mnth minimum sentence A $1,000 fine and 200 hurs f cmmunity service fr individuals cnvicted f a Class A misdemeanr fr their first cnvictin f DUI with a minr in the vehicle. If bdily injury ccurs as a result f the individual's impairment, they culd be charged with a Class 4 felny and receive a sentence f ne (1) t three (3) years imprisnment and a $2,500 fine. Summary Suspensin First Offense A chemical test indicating a BAC f.08 r greater results in a mandatry three-mnth drivers license suspensin. Refusal t submit t a chemical test(s) results in a six (6) mnth license suspensin. Subsequent Offenses Refusal t submit t a chemical test(s), r test results indicating a BAC f.08 r greater, results in a mandatry twelve (12) mnths drivers license suspensin. Teenage Drinking and Driving Drivers under age 21 represent 10% f licensed drivers but are invlved in 17% f alchl-related fatal crashes. If yu are arrested fr DUI yu will be handcuffed and taken t jail. What will yur parents say when yu call hme and tell them yu are in jail? Illinis DUI laws fr drivers under 21 years f age are tugh and will effect yur life fr years-- if yu live that lng. Crashes are a leading cause f death fr teens. Natinally, six individuals between the ages f die in mtr vehicle crashes each day. Abut 2 in 7

8 every 5 Americans will be invlved in an alchl-related crash at sme time in their lives. The average cllege student spends mre mney fr alchl than fr bks. Legal Cnsequences f Underage Drinking and Driving First Underage 21 DUI Cnvictin Lss f full driving privileges fr a minimum f tw (2) years. Pssible imprisnment fr up t ne (1) year. Maximum $2,500 fine. Secnd Underage 21 DUI Cnvictin Lss f full driving privileges fr a minimum f three years r until age 21, whichever is lnger. Mandatry 48 hurs in jail r ten (10) days f cmmunity service. Pssible imprisnment fr up t ne (1) year. Maximum $2,500 fine. Third Underage 21 DUI Cnvictin - Class 4 Felny Lss f full driving privileges fr a minimum f six (6) years. Pssible imprisnment f ne (1) t three (3) years. Maximum $25,000 fine. Felny DUI Class 4 Felny (Fllwing a crash resulting in great bdily harm r permanent disfigurements) Lss f full driving privileges fr a minimum f ne (1) year. Pssible imprisnment f ne (1) t three (3) years. Maximum first time fine f $10,000. Underage Illegal Transprtatin f an Alchlic Beverage Maximum fine f $1,000. Drivers license suspended fr first cnvictin. Drivers license revked fr a secnd cnvictin. Summary Suspensin 8

9 A chemical test indicating a bld alchl cncentratin (BAC) f.10 r greater results in a three (3) mnth drivers license suspensin. Refusal t submit t a chemical test(s) results in a six (6) mnth license suspensin. Fr subsequent ffenses, a chemical test indicating a BAC f.10 r greater results in a 12-mnth drivers license suspensin. Refusal t submit t a chemical test(s) results in a 24-mnth drivers license suspensin. Pssessin f Alchlic Beverages It is illegal fr any persn under the age f 21 t have alchlic beverages in their pssessin, whether pen r unpened. Penalties include: A maximum f $2,500 fine and up t ne (1) year in jail. Using a Fake Illinis Drivers License r ID Card The penalties fr using false IDs are serius and culd change yur life frever. Obtaining a drivers license thrugh false affidavit is punishable by 2-5 years in prisn and a maximum $25,000 fine. Subject t a fine f nt less than $500 and at least 25 hurs f cmmunity service. Allwing anther persn t use yur identificatin dcuments t apply fr a drivers license r ID card is punishable by 1-3 years in prisn and a maximum $25,000 fine. Zer Tlerance Law fr Underage Drinking and Driving Zer tlerance is a state law that went int effect n January 1, The law prvides fr suspensin f the driving privileges f any persn under the age f 21 wh drives after cnsuming alchl. As the name Zer Tlerance suggests, any trace f alchl in a yung persn's system can result in a suspended drivers license. The nly exceptin are minrs wh cnsume alchl as part f a religius service r thse wh ingest a prescribed r recmmended dsage f medicine cntaining alchl. Penalties fr Drinking and Driving 9

10 The Zer Tlerance Law prvides that minrs suspected f driving under the influence can have their driving privileges suspended even if they're nt intxicated at the.08 BAC level. The fllwing table shws the length f time yur driving privileges may be suspended under the Zer Tlerance Law (fr BAC f.01 r greater) and DUI Laws (fr BAC f.08 r greater). The lss f driving privileges is greater if yu refuse t take a sbriety test. Under Zer Tlerance Law Under DUI Laws If Test Refused If Test Refused 1st Vilatin 3 Mnths 6 Mnths 2 Years 2 Years Until age 21 Until age 21 2nd Vilatin 1 Year 2 Years 3 Years Minimum 3 Years Minimum Effect n Yur Driving Recrd Zer Tlerance (BAC f.01 r greater) -- Except during suspensin perid, it will nt appear in the ffenders n public driving recrd as lng as there is n subsequent suspensin DUI Cnvictin (BAC f.08 r greater) -- Permanently n the ffenders public driving recrd Under certain cnditins, yu may be charged with DUI even thugh yur BAC is belw.08. Bld Alchl Cntent Table This table shws the effects f alchl n a nrmal persn f a given bdy weight. This table is nt a license t drink irrespnsibly. Yu shuld avid drinking and driving under all circumstances. Everyne is different, and alchl effects each persn in a slightly different way. Only yu knw yur limits. Please drink within them. Levels f Intxicatin: One drink equals: 1 z. 86 prf Liqur, r 3 z. wine, r 12 z. Beer BAC less than.05% - Cautin BAC.05 t.079% - Driving Impaired BAC.08% & up - Presumed Under the Influence 10

11 Bdy Number f Drinks Weight This table shws the effects f alchl within ne hur n a nrmal persn f a given bdy weight. Please d nt take this table as a license t drink irrespnsibly. Everyne is different, and alchl effects each persn in a slightly different way. Only yu knw yur limits. Please drink within them. Surce: Illinis State Plice website Traffic Fatalities in Illinis t 2005 Year Ttal Traffic Deaths Alchl Related Deaths Percent Alchl- Related , % , % , % , % , % , % , % , % , % % , % Surce - Natinal Highway Traffic Safety Administratin - State Traffic Safety System These statistics may differ frm the data psted by the State f Illinis. 11