Beginning in January of 2016, significant Illinois DUI law reform takes place.
This has been described as the biggest change in DUI law in 10 years.
I invited one of Illinois’s Top DUI attorneys, Larry Davis, to come onto the podcast to help us understand exactly what these changes in DUI law are going to be.
Summary of the Legislation
Larry Davis discusses some of the highlights from SB 627. They include:
- Elimination of RDP/MDDP Hard Times
- Affects First Time DUI Offenders
- Affects Those Revoked for DUI & Those on Second SSS
- Expansion of BAIID Requirements
- Anyone With 2 or More DUIs Must Have BAID
- Required for Aggravated DUI Involving Death or Great Bodily Harm Convictions
- Changes to the Warnings to Motorist Form
- Arrestee Must Acknowledge The Warnings
- Failure to Sign Cannot Be Used To Prove Warnings Not Given
Here is a direct link to the legislative history of SB 627.
The sections of the traffic code that will be changed are:
- 625 ILCS 5/6-205(c)(6)
- 625 ILCS 5/6-206(E)
- 625 ILCS 5/6-208.1(g)
- 625 ILCS 5/6-206.1(a)
- 625 ILCS 5/6-205(c)(3)(B), (B-5)
- 625 ILCS 5/6-205(c)(3)(A)
- 625 ILCS 5/6-206(3)(B)
- 625 ILCS 5/6-106.1a
- 625 ILCS 5/6-6-517(a)
- 625 ILCS 5/11-501.1(c)
- 625 ILCS 5/11-501.6(c)
- 625 ILCS 5/11-501.8(c)
This is being described as the section granting RDPs for persons currently facing a lifetime revocation.
- These are individuals with 4 or more DUI convictions.
- This bill provides that:
- Lifetimers now eligible for RDP
- Not before 5 years of hard time
- Must demonstrate 3 years of abstinence from alcohol
- BAIID requirements must be followed
- Full reinstatement still prohibited
Here is a direct link to the legislative history of HB 1446.
The sections of the traffic code subject to change will include:
- 625 ILCS 5/6-205(c)(1)
- 625 ILCS 5/6-206(c)(3)
- 625 ILCS 5/6-208(F)
- 625 ILCS 5/6-303(c-4)
Larry also described some changes that he nor the ISBA supported. This bill created an extension of time persons with multiple convictions are required to drive with BAIID devices during their RDP before being eligible for full reinstatement.
The bill requires that:
- Anyone with 2 or more DUI convictions
- Have BAIID installed for 5 years
- While on a RDP before being considered for full reinstatement
Here is a direct link to the legislative history of HB 3533. The Alliance Against Intoxicated Motorists (‘AAIM’) was pushing this one.
Here are the sections in the traffic code that will be amended:
- 625 ILCS 5/6-205(h)
- 625 ILCS 5/6-208(b)(1.3)
- 625 ILCS 5/11-501.01(e)
Media Stories On These Changes
Larry mentioned that these changes have been reported by the Chicago Tribune and the Chicago Sun-Times.
Here are the stories from those publications.
- Illinois Bar Journal: Keeping The Road Safe and The Law Sane
- Chicago Tribune: A push for change in DUI
- Chicago Sun-Times: Despite 4 DUI convictions, 5085 Illinois drivers could be back on the road-legally
Contact Larry Davis
Larry Davis and the Illinois State Bar Association have worked tirelessly on some of the reforms contained in these new laws.
Their patience, perseverance, and persuasion have served Illinois residents quite well. I don’t just mean those individuals who will be directly affected by these changes.
We are all better off if even just a fraction of the overall goal is reached:
Saving lives by making Illinois roads safer.
To find out more about this Illinois top DUI attorney visit the Davis Law Group, P.C. or call (847) 390-8500.