| Please note that this article relates solely to DUI laws in | | | | that does not have this device, there is a maximum |
| Illinois as of January of 2009 | | | | penalty of 3 years in prison. |
| After a DUI conviction in Illinois, new laws require that a | | | | Before these laws were passed, drivers convicted of |
| breathalyzer device be installed in the car of those | | | | a DUI for the first time lost their licenses for 30 days |
| convicted. This breath-alcohol ignition-interlock device | | | | and had to ask judges for judicial driving permits so |
| will only allow the engine to start if the driver registers | | | | that they could still drive for work, school, medical |
| a blood-alcohol content below 0.024. Those convicted | | | | treatment, or alcohol treatment. Now, first-time |
| of a DUI have 14 days to get the devices installed in | | | | offenders still lose their licenses for 30 days, but this |
| their car dashboards. | | | | ignition-lock device replaces judge-issued driving |
| Drivers who register a 0.08 or higher blood-alcohol | | | | permits. |
| level when they are arrested are required to drive with | | | | Much of the rest of DUI law has not changed. If a |
| the monitoring devices for 5 months. If a driver refuses | | | | driver in Illinois is pulled over with a blood-alcohol level |
| to be tested for alcohol and is later convicted of a DUI, | | | | 0.08 or more, his or her license will be suspended for |
| he must use the device for 11 months. The device | | | | 180 days; this suspension goes into effect 46 days |
| costs the driver $80 for installation and $110 a month | | | | after the arrest. If the driver's blood-alcohol content is |
| for rental and administrative costs. | | | | between 0.05 and 0.08, the officer may still cite the |
| These breath-alcohol devices also require drivers to | | | | driver for a DUI if his or her behavior suggests |
| be tested periodically while the car is running. After the | | | | impairment; this is at the officer's discretion. A BAC |
| initial test, the driver must blow into the device again | | | | between 0.05 and 0.08, does not constitute an |
| within the first 5 to 15 minutes of a trip, and then at | | | | automatic license suspension. In addition, a conviction is |
| least twice per hour. If at any point it detects a | | | | still punishable by jail time at the discretion of the Judge. |
| blood-alcohol content above 0.024, the device warns | | | | These new laws were passed January 1, 2009 and |
| the driver to pull over, and it stops the engine. It sends | | | | can be found in the Illinois Vehicle Code, 625 ILCS 5, |
| a report to the secretary of state's office for review | | | | Section 1-129.1and 625 ILCS 5, Section 6-205. |
| and further sanctions will occur. These additional tests | | | | If arrested for a DUI it is extremely important that you |
| ensure that the driver is the person blowing into the | | | | seek an attorney who focuses their practice on |
| device, and not a sober friend. | | | | criminal defense and has defended numerous DUI's in |
| If a driver convicted of a DUI is caught driving a car | | | | the county where your case is going to be handled. |