Newsletter

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JANUARY 1, 2016 LEGISLATION FOR TRAFFIC, DUI, AND SECRETARY OF STATE HEARINGS


On January 1, 2016, several new laws go into effect relating to traffic violations, Secretary of State Hearings and Driving Under the Influence offenses. These changes will have significant impact on Illinois drivers. Many of these laws increase the use of Breath Ignition Interlock Devices commonly called a BAIID. The Secretary of State is currently preparing new administrative rules regarding the increased issuance of BAIID’s that are monitored by one of nine companies contracted by the State. A camera to photograph who blows into it and keeping a detailed log of all the breath tests taken is required.


1. Removal of Thirty Day Hard Time with a Summary Suspension (PA 99-467, SB-0627)


Previously, for a “first offender” Summary Suspension, there was a thirty day period of hard time before they could install a BAIID pursuant to an MDDP permit that allows unlimited and unrestricted driving. That thirty day hard time has now been eliminated and a MDDP with a BAIID can be obtained from the start date of the Summary Suspension, which is 46 days following the arrest. The start date will vary for a blood draw. If eligible, an MDDP permit is granted through an application sent in the mail to the Secretary of State and does not require a hearing.


2. One year Hard Time Removed and Five Minimum Use of BAIID Required (PA 99-467)


Previously, a person convicted of two or three DUI’s had to wait for one year period of hard time to apply for an RDP. This one year period has been removed and they can now petition for an RDP immediately upon revocation. The BAIID will be required for a minimum period of five years following a second offense and ten years for a third offense of any type of DUI. They cannot apply for full reinstatement until they have been issued an RDP, and used it for the specified period without suspension, cancellation, revocation or a violation of a BAIID regulation and after their eligibility date has passed.


3. May Apply for a Restricted Driving Permit following a Three year Summary Suspension (PA-296, HB-3533)


Previously, an offender following a DUI arrest, who refused to take a breath or blood test and had prior Summary Suspension or DUI disposition within five years, was issued a three year suspension with no relief available. Even with a not guilty or dismissal on the DUI, if the Summary Suspension was upheld, there was no permit allowed for three years. Now, the driver can petition through a Formal hearing, for an RDP with a BAIID. Defense attorneys must be cognizant that if the driver is convicted and subsequently revoked for the underlying DUI, the standard RDP rules above will apply. A petition for an RDP during a three year Summary Suspension will likely occur if there was a finding of not guilty or a dismissal of the DUI. A Formal Hearing will be scheduled only after Summary Suspension is in effect.


4. Warnings to Motorist (PA 99-467, SB-0627)


A person requested to submit to a BAC test following an arrest for DUI test shall acknowledge in writing receipt of the Warning to Motorist. If he refuses to acknowledge receipt the police officer shall make a written notification that the person refused to sign the waning. A refusal to sign shall not be evidence that he was not read the warning.


Eligibility Dates for DUI Based Permits and Reinstatement


For a Restricted Driving Permit, following DUI conviction(s) a petitioner may petition for a hearing pursuant to the below guidelines. A permit is only allowed for employment, medical care, support group, community service and/or education. Absent an existing Summary Suspension or other type of revocation or administrative hold, the eligibility dates for an RDP following a DUI conviction(s) are as follows:


First, second or third conviction: Immediately after revocation entered Fourth or more: Five years after the revocation date or upon release from imprisonment, whichever is later.


For Full Reinstatement a person is eligible pursuant to the below dates. The eligibility date is located on the Notice of Revocation sent by the SOS or on their driving abstract. However, in practice, although eligible for full reinstatement the SOS will likely first grant an RDP prior to granting full reinstatement. These dates will be extended by a subsequent conviction for Driving While License Revoked or other moving violations.

  • First conviction: One year
  • Second conviction: Five years, if second conviction occurred within 20 years.
  • Third conviction: Ten years regardless of date of offenses
  • Fourth or more: Never, but a permanent RDP can now be granted. For Out of State Petitioners, a ten year period is required

For a Defendant who is under 21 years old the dates are:

  • First conviction: Two years
  • Second Conviction: Five years or until his 21st birthday whichever is longer
  • Third offense: Ten years
  • Fourth conviction: Never, but a permanent RDP can now be granted. For Out of State Petitioners there is a ten year period.


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