Sunday, September 7, 2008

New Illinois law mandates car breath test device for first-offense DUIs. Illinois DUI lawyer

Public Act 095-0400, SB0300, 95th General Assembly
This Act takes effect on January 1, 2009.

A new Illinois law requires first-time drunk driving offenders to install breath test devices in their vehicles and pass the test every time they try to start their engines.

If the driver's breath exceeds the alcohol limit, the apparatus ensures the car won't start.

Gov. Rod Blagojevich signed the legislation on August 24, 2007, making Illinois the fourth state to mandate the gadget.

The other states that require it are New Mexico, Arizona and Louisiana, according to the National Conference of State Legislatures.

When the law goes into effect in 2009, it will effect approximately 30,000 offenders in Illinois who have had their licenses suspended on DUI arrests, according to the secretary of state's office.

The alcohol ignition interlock devices must be rented and cost about $150 to install. There are also monthly fees.

"We will not tolerate drunk drivers on our streets," Blagojevich said in a statement. "This law ... will help make sure impaired drivers can't get back on the road. But if they do, they'll face tough penalties."

If offenders attempt to drive someone else's vehicle to avoid the breath tests, they could face jail time.

About 3,000 people in Illinois currently have the devices in their vehicles. Most are second-time drunk driving offenders.

Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill, with various changes. In the State Finance Act, provides for creation of the Indigent BAIID Fund and the Monitoring Device Driving Permit Administration Fee Fund (rather than the Alcohol Monitoring Device Fund). Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driving permit (rather than a monitoring device driver's license), except under specified circumstances. Provides that a person issued a monitoring device driving permit may not drive a commercial vehicle. Establishes other restrictions. Provides that a person who received a judicial driving permit before the effective date of the bill may continue to drive on that permit. Provides that a person who fails to comply with the requirements of a monitoring device driving permit commits the offense of driving on a revoked or suspended license. Provides that a person who holds a monitoring device driving permit convicted of the offense for driving a vehicle not equipped with an ignition interlock device, or a person eligible for a monitoring device driving permit convicted of driving with a drug or alcohol-related summary suspension, is guilty of a Class 4 felony and subject to 30 days of imprisonment. Amends the Unified Code of Corrections. Provides that a person who commits one of these offenses is not eligible for court supervision. 625 ILCS 5/1-144.5 new. Changes the effective date from January 1, 2008 to January 1, 2009.

House Amendment No. 2
Provides that, after a drug- or alcohol-related statutory summary suspension has been imposed on a first offender, the circuit court shall, unless the offender has opted in writing not to have a monitoring device driving permit issued (rather than if requested by the offender), order the Secretary of State to issue the offender a monitoring device driving permit.

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