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A Springfield Illinois man was arrested and taken the Sangamon County jail following a crash. The driver was not injured but his passenger and the driver of an oncoming vehicle with which he collided were taken to the hospital due to injuries.

The driver was arrested for Driving Under the Influence of Alcohol (DUI), a violation of 625 ILCS 5/11-501. He was also charged with improper lane usage, contrary to 625 ILCS 5/11-709.

This appears to be his first DUI charge, which is ordinarily a Class A misdemeanor, subject to a fine of no more than $2,500.00 and or up to 364 days in the county jail. 730 ILCS 5/5-4.5-5.5 Improper lane usage is a petty offense punishable by a fine only, not to exceed $500.00. 625 ILCS 5/6-601
However, the DUI law further provides: “(d) (1) Every person convicted of committing a violation of this [DUI] Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(C) the person in committing a violation of subsection (a) [DUI] was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries”.

If convicted under this section, the person is guilty of a Class 4 felony, and if sentenced to prison, faces 1-12 years in the Department of Corrections. 625 ILCS 5/11-501(d)(2)(A) and (d)(2)(F) This is known as “aggravated DUI” because it involves commission of a DUI with an additional aggravating (negative) circumstances, in this case, serious injury.

Illinois law provides for a disposition known as court supervision. If a person is granted supervision, he pleads guilty to the offense but no judgment of conviction is entered on his record. 730 ILCS 5/5-6-1. (d); People v. Schuning, 106 Ill. 2d 41, 86 Ill. Dec. 922, 476 N.E.2d 423 (1985)

During the period of supervision, which cannot extend any longer than 2 years, the offender must comply with the conditions of supervision , which typically provide that he not violate the law, complete alcohol counseling and pay all fines. Provided that he complies with the terms of the court supervision, the judge will dismiss the case.

However, in a DUI situation, the supervision will be reported to the Secretary of State and remain on the driver’s record forever. 625 ILCS 5/6-204 DUI supervision cannot be expunged. 20 ILCS 2630/5.2.(3)(A) Finally, you may only receive supervision once in your lifetime. 730 ILCS 5/5-6-1(d)

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A 15-year old boy was arrested in Mt. Prospect, a Cook County town, for DUI and driving without a license. The minimum legal driving age in Illinois is 16 years, although 9 months before his 16th birthday, a child enrolled in a driver’s education course may obtain a learner’s permit. 625 ILCS 5/107.

Prior to receiving a license at the age of 16, a student must undergo 50 hours of behind-the-wheel-training (at least 10 of which must be at night) accompanied by a licensed driver who is a parent, guardian, or family member at least 21 years old with at least one year of driving experience. 625 ILCS 5/6-107.1(a)(1) The trainer must be seated in the front of the vehicle.

The permit is only valid during certain hours of the day. A local curfew that restricts the hours further may apply 625 ILCS 5/6-107.1(b)

These same restrictions apply to a fully licensed driver under the age of 18. 625 ILCS 5/6-110(a-1) Exceptions to the curfew apply when a parent or guardian is in the car, when running an errand for a parent or guardian, going to or from work, when engaged in interstate travel, and when traveling to and from school provided there are no detours.

If a driver under the age of 18 years is convicted of DUI or any other offense that would cause a driver’s license revocation, that person may not obtain a license any earlier than age 18. Other offenses that will prevent the driver from obtaining a license before the age of 18 include a conviction for operating a motor vehicle at a time the person does not hold a valid driver’s license and a conviction for a drug offense while in actual physical control of a motor vehicle. 625 ILCS 5/6-107(c)

A driver who commits a DUI offense while under the age of 21 and who is subsequently convicted of DUI will receive a two year driver’s license revocation. Under no circumstances may he apply for any type of driving relief for the first year of the revocation. In the second year, he may apply for a restricted driving permit (RDP) in order to relieve undue hardship. 625 ILCS 5/6-205(d)(1)

Under the Monitoring Device Driving Permit (MDDP) program, a driver whose license is suspended due to not taking a breath or blood test to determine alcohol concentration, or taking the test and registering over .08, may drive during the period of the suspension provided he agrees to install an interlock device in the vehicle he operates. 625 ILCS 5/6-206.1 This device makes it impossible to start the car without blowing into a tube that measures blood alcohol concentrations.

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Anyone who has completed a driver’s education course may obtain a driver’s license at age 16. 625 ILCS 5/6-107(b) For those between the ages of 16 and 21 (“youthful drivers”) there is an array of special laws that can, if violated, cause a loss of a driver’s license. In addition, those between the ages of 16 and 17 fall under the Graduated Driver’s License (GDL) requirements.

In Illinois, the age at which you are legal to consume, possess or purchase alcohol is 21 years, in accordance with the Liquor Control Act of 1934 (235 ILCS 5/6-16), even though for virtually all other purposes, you are considered an adult at the age of 18. A driver, as well as a passenger under the age of 21 can be charged with such a violation.

If you are an occupant of a motor vehicle, your driver’s license is in jeopardy if you are charged with a drinking ticket. In accordance with 625 ILCS 5/6-206(a)(43), if you receive court supervision for such a charge, your driver’s license will be suspended for a period of 3 months.

During that suspension period, you may apply for a restricted driving permit (RDP) with the Illinois Secretary of State. If you are convicted of the charge, your driver’s license will be suspended for 6 months. 625 ILCS 5/6-206(a)(38); 92 Illinois Administrative Code (IAC) §1040.32 a)9) and you may apply for an RDP.

If you are found in possession of a driver’s license or ID card not issued to you, your driver’s license will be suspended for 12 months. 625 ILCS 5/6-206(a)(10); 92 IAC §1040.32 a)3 Note that this can occur even though you are not driving, even though you are not drinking at the time, even though you are not attempting to enter, have entered or are leaving a bar, even though you have never used the ID and even though you did not receive a ticket. Freed v. Ryan, 301 Ill.App.3d 952; 704 N.E.2d 746 (1st Dist. 1998)

Once the police confiscate the fake ID, they will send it to the Secretary of State. That will set the wheels in motion for a 12-month suspension. You can apply for an RDP.

Another situation and one that the law considers to be more serious, is a manufactured license or ID. Unlike the situation above, in which you are found in possession of a real license or ID that belongs to someone else, a manufactured ID is completely fictitious, typically purchase over the Internet.

This is a violation of 6-301, 6-301.1 or 6-301.2 or Section 14, 14A or 14B of the Illinois Identification Card Act. Until June 2011, this cause a 12-month revocation of your driver’s license, which could only be reinstated at a Secretary of State driver’s license hearing. Now it causes a 12-month suspension, with automatic reinstatement upon payment of a fee. 92 IAC §1040.32 a)5)A-C)

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For most of this country’s life, matters dealing with local public safety, including DUI and traffic laws, have been the responsibility of state government. The one notable exception has been the rules of the road governing traffic on the Interstate highway system, whose funding comes primarily from the federal government, and of course the Interstate highway systems crosses the boundaries of all the states.

Beginning in 1984 and continuing to this day, that changed. While beyond the Commercial Driver’s License CDL law Congress has not explicitly injected itself into traffic laws, it has done so indirectly. When it wants states to do something, Congress uses the coercive power of the purse: if a state does not pass a law Congress believes it should, Congress withholds federal highway money.

Prior to 1984, the age at which a person could purchase, or possess, or consume alcohol varied among the states. In Illinois, the age for beer and wine was 19, and it was 21 for distilled alcohol. In Iowa, the age for all alcoholic beverages was 18.

Today, the drinking age in Illinois is 21. 235 ILCS 5/6-16 It is the same in all 50 states. No state wants to forfeit federal highway funds.

At one time, each state was free to set its own legal limit for blood alcohol content, or to have no limit at all. In Illinois, the limit was initially 15, later lowered to .10. Today, it is .08. (625 ILCS 5/11-501(a)(1)), as it is in all 50 states. The reason for this is, that’s how the federal government wants it to be.

The federal government has gotten involved more directly pertaining to CDLS It has been accepted that because over-the-road truckers cross state boundaries, a uniform set of laws benefits both the motoring public and the trucking industry. While the federal government has not written a specific CDL law, it has set forth guidelines that all states are required to follow at the risk of losing their ability to issue CDLS if they fail to do so. Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 2701 et seq.]

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In Pennsylvania, until you are convicted of a DUI charge, you will ordinarily not lose your driver’s license. However, one Pennsylvania judge does require certain offenders to surrender their driver’s license without a guilty finding.

There are a number of DUI laws that are uniform throughout all 50 states. Illinois, like the other 49 states, makes it illegal to operate a motor vehicle with an alcohol concentration of .08 or greater “blood or breath units” 625 ILCS 5/11-501(a)(1) “Alcohol concentration” means “either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath”. 625 ILCS 5/11-501.2(a)(5)

Blood concentration is measured by drawing blood from you body, analyzing the results and determining what percentage of your blood contains alcohol. Qualified medical personnel must draw the blood, and the testing must be performed in accordance with procedures that the Illinois State Police establish and publish in administrative rules. 625 ILCS 5/11-501.2(a)(1); 20 Ill. Admin. Code §1286.320
As an alternative, law enforcement may turn to breath testing. In this type of testing, you will expel air from your lungs into a machine. The machine supposedly converts the air in your lungs into an equivalent quantity of alcohol in your bloodstream.

The results of this test can lead to a DUI conviction.The testing procedures are regulated by State Police Rules 20 Ill. Admin. Code §1286.200
In most circumstances, you have a choice about whether or not to submit to testing. Some exercise the choice to not test because they do not trust the science. This is logical, as the blood and breath test both involved a number of procedures, and errors do occur.

In a prosecution for DUI, the burden is on the state to establish that the test was conducted in compliance with the applicable Illinois State Police Breath Testing regulations. People v. Emrich, 113 Ill.2d 343 (1986) It violates the Constitution for the state to require you to prove the machine was defective once you have cast doubt upon its reliability. People v. Orth, 124 Ill.2d 326 (1988)

Some parts of the Illinois DUI laws differ from the laws of other states. For instance, your driver’s license can be suspended before you have ever been convicted of a DUI. In fact, a suspension can remain in effect even if the DUI charge is dismissed or you are found not guilty.

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A driver from O’Fallon, Illinois, located in St. Clair County, was arrested for DUI. He was also charged with driving on a suspended license due to an earlier DUI charge.

In the State of Illinois, it is illegal to drive while under the influence of alcohol. The law, or as it is known in Illinois, the statute, is part of the Illinois Vehicle Code (Chapter 625 of the Illinois Revised Statutes). The entire DUI statute is 625 ILCS 5/11-501. There are six subparts to the law.

The first two deal with driving under the influence of alcohol and driving with a blood alcohol level of .08 or greater. The other four are concerned with DUI drugs, both illegal, including marijuana, and prescription medications, as well as other “intoxicants” (for instance, “huffing” paint fumes). 625 ILCS 5/11-501(a)(3)–(a)(6)

The driver was also charged with driving with a suspended license resulting from an earlier DUI arrest. There is a difference between a suspended or revoked license.

Your driver’s license is revoked from a DUI charge only if you are convicted of the DUI, which requires the state to prove you guilty beyond a reasonable doubt. People v. Shaffer, 134 Ill. App. 3d 548, 89 Ill. Dec. 709, 481 N.E.2d 61 (1 Dist. 1985) Your license will be revoked for 1, 5 or 10 years, depending upon your prior record.

Should this be your first DUI conviction, you will be revoked for one year. If this is your second conviction within 20 years, your license will be revoked for 5 years. Three convictions, no matter when they occurred, leads to a revocation of your license for 10 years. 625 ILCS 5/6-208
During the time of your revocation, you may be eligible to apply for a restricted driving permit (RDP). This relief is available 30 days after a revocation following your first DUI conviction. If it is your second or third conviction, you may not apply for the RDP for one year. 625 ILCS 5/205(c)(3).

Even with all the above, you may not be eligible for an RDP if your statutory summary suspension (SSS) is in effect. The SSS and the DUI ticket are different processes.

The SSS only applies to your driving privileges and does not require the state to prove you were under the influence. The state must simply show either that you took a breath test and registered .08 or higher, or elected not to take a breath test (“refusal’).

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A former Urbana (Champaign County) firefighter has been sentenced to jail. At the time of the offense, he was under a court ordered conditional discharge as a result of a previous conviction for driving under the influence (DUI).

In the state of Illinois, there is a law that makes it illegal to drive under the influence of alcohol, commonly referred to as DUI. The law in question provides in part as follows: “(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2 [625 ILCS 5/11-501.2];
(2) under the influence of alcohol…” 625 ILCS 5/11-501
It is possible to be charged with non-alcohol DUI. For example, under Section 11-501, it is also illegal to drive while:
3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving.

However, the majority of the DUI arrests and prosecutions in Illinois involve alcohol. With regard to alcohol, there are two types of DUI charges in Illinois.

You can be charged with driving with a blood alcohol content of .08 or greater. 625 ILCS 5/11-501.2 Under these so-called “per se” prosecutions, the state need not prove that your ability to drive was actually impaired by alcohol. The mere fact you were driving with a blood alcohol content of .08 or greater is a crime. People v. Ziltz 98 Ill.2d 38, 455 N.E.2d 70 (1983)

An alcohol-related DUI can also be based upon the fact, as stated in the Illinois Pattern Jury Instructions (IPI) that “A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care” IPI (Criminal) 23.29 The state is not required to prove that you were “drunk” or “intoxicated” but simply that you were impaired to a degree to reduce your ability to think and act with ordinary care.

The firefighter was convicted of DUI in April 2010. He pled guilty. At that point, he was eligible for court supervision but did not receive it.

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In November 2011, a Will County man was arrested for DUI for the third time in less than 12 months. Laws in Illinois are created in two ways. The first is judge made law, known as “case law” because it is decided based upon specific cases.

The second type of law is known as “statutory law” or legislation. These are the rules (“legislation”) that are written by our elected representatives. In Illinois, this legislature is known as the Illinois General Assembly.

Relevant to this discussion is 625 ILCS 5/11-501, et. seq. the DUI statute, which reads in relevant part: (a) A person shall not drive or be in actual physical control of any vehicle within this State while “under the influence of alcohol”. Many (incorrectly) refer to this as “drunk driving”.

Such a designation leaves one with the impression that DUI requires the state to demonstrate that you were highly intoxicated (“falling down drunk”). Instead, the state need only prove, beyond a reasonable doubt, that you were under the influence of alcohol.

This leads to the following jury instruction that defines for the jury what DUI means: “A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care”. People v. Schneider, 362 Ill. 478, 200 N.E. 321 (1936); Illinois Pattern Instruction (Criminal) 23.29
As a result of his third DUI arrest, the Will County driver faces the following potential consequences: First, he could receive a felony conviction for aggravated DUI 625 ILCS 5/11-501(d)(1)(A) Assuming no additional aggravating factors, such as a transporting a child under the age of 16 years, death of one or more other persons, a BAC of .16 or greater, the offense is a Class 2 felony. 625 ILCS 5/11-501(d)(2)(B) Such an offense is punishable by a fine of up to $25,000 and/or 3-7 years in the state penitentiary as stated in 730 ILCS 5/5-4.5-35

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The Illinois Vehicle Code (625 ILCS Chapter 5) governs the rules and obligations of all motorists operating a motor vehicle on the public roadways of the State of Illinois, including the DUI laws. The Illinois General Assembly, elected by the citizens of this state, writes these laws, which are known as statutes.

However, because the statutes cannot be written to cover every conceivable situation, the General Assembly has vested the Illinois Secretary of State with the “powers and duties and jurisdiction” of administering the Illinois Vehicle Code. 625 ILCS 5/2-101 In this capacity, the Secretary of State, although an elected official, functions as an administrative agency. Clingenpeel v. Edgar, 133 Ill.App.3d 507, 487 N.E.2d 1172 (4th Dist. 1985) Therefore, he is subject to the Administrative Procedure Act. (“APA”) (5 ILCS 100/1-1 et. seq.).

The APA sets out the requirement that all rules be promulgated. The APA requires that: “All rules of agencies shall be adopted in accordance with this Article.” (5 ILCS 100/5-5).

Section 5-10 of the APA requires all agencies to adopt rules of practice for formal hearings. It requires agencies to make available for public inspection all rules adopted by the agency in the discharge of its functions.

When a you are charged in Illinois with Driving Under the Influence (DUI), there is a criminal case and a driver’s license case. How the driver’s license case unfolds depends upon a number of factors.

One of those factors is whether or not you have had a DUI in the previous 5 years. If you have not, you are what is known as a “first offender”, even if this is not your first DUI. If you have had a DUI in the previous 5 years, you are a non first offender.

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A woman from Paris, Illinois, county seat of Edgar County, faces charges of aggravated DUI. In this tragic incident, the defendant (the accused) was allegedly driving south in the northbound lane when her vehicle struck an oncoming vehicle causing a crash. As a result of the crash, two passengers on the other vehicle are dead.

In the past, the driver would have been charge with reckless homicide arising from the operation of a motor vehicle. 720 ILCS 5/9-3(b) That law provided that if a person was under the influence of alcohol and was involved in a crash that resulted in death, he was automatically guilty of reckless homicide even without the state having to prove recklessness.

In the criminal law, the state has the burden of proving each element of the crime beyond a reasonable doubt. The Illinois Supreme Court ruled this law violated the Constitution by impermissibly requiring the defendant to prove that he was not reckless, rather than requiring the state to prove that he was. People v. Pomykala, 203 Ill. 2d 198, 784 N.E.2d 784, 271 Ill. Dec. 230 (2003)

The General Assembly has added the offense of aggravated DUI (625 ILCS 5/11-501(d)) “Aggravated” means “extreme” or “especially bad”. Aggravated DUI applies if, while you are operating a motor vehicle under the influence of alcohol, one or more people die and your impaired driving was a “proximate cause” of their death.. 625 ILCS 5/11-501(d)(1)(F) Unlike the reckless homicide law that the Supreme Court held was unconstitutional, this law appears to be constitutional since it requires to state to prove that your impaired driving was the cause of the accident instead of assuming that you were reckless.

Aggravated DUI that results in death is a Class 4 felony punishable by a term of 3-14 years in prison, unless the court finds that “extraordinary circumstances exist” to require probation. However, if two or more persons die, the felony is upgraded to a Class 2 felony and the prison time becomes 6-28 years. 625 ILCS 5/11-501(d((2)(G)

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