Understanding the 2009 Revisions to Illinois Drunk Driving Laws
Up through 2008, first-time Illinois DUI offenders had the opportunity to apply for a Judicial Driving Permit (JDP) to allow work-related or other essential driving despite the mandatory suspension that followed a drunk driving condition.
The JDP for restricted driving was abolished as part of legislation that went into effect on January 1, 2009. Since that time, the only way to protect your right to drive during a DUI suspension period, other than prevailing in a hearing on our Petition to Rescind Statutory Summary Suspension, is to apply for a Monitoring Device Driving Permit (MDDP). This requires installation and use of a Breath Alcohol Ignition Interlock Device (BAIID) that won't allow you to start your car without first passing a breath test. To learn how your DUI defense strategies and practical options for driving were affected by recent changes in Illinois drunk driving laws, contact an attorney at the Law Office of Robert Kerr, LLC, in Chicago.
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Intended to reduce drunk driving, the MDDP system requires drivers themselves to pay the costs of renting and installing the breath alcohol ignition interlock device, or BAIID. This expense is in addition to the other fines and court costs associated with your DUI case, and will typically run an average of more than $100 each month during the permit period. Failure to drive with a BAIID when required is a felony offense with a minimum punishment of 30 days in jail upon conviction.
The new DUI laws also call for longer license suspensions upon conviction of a first drunk driving offense. Under the old laws, a first-time DUI defendant faced a 3-month suspension, while refusal to provide a breath or blood test resulted in a 6-month suspension. The current law doubled the length of these suspensions, so that a first offender convicted of DUI can expect to use the BAIID for 6 months.
At the Law Office of Robert Kerr, LLC, our lawyers look for ways to beat a DUI charge before we even think about negotiating a guilty plea. At the same time, we think it's important for our clients to understand the precise nature of the risks they face before making important decisions about accepting a plea offer or taking the case to trial. The new Illinois DUI penalties that came into effect in January 2009 significantly increase those risks.
For a free consultation about your options for resolving a drunk driving arrest in Chicago or the collar counties, contact our office in the Loop.
