history of dui law


It's Monday September 27, 2004...

History of DUI Laws in Illinois

Effective Jan. 1, 1958

Established a .15 percent BAC limit at which a driver is presumed to be under the influence of alcohol.

Effective Jan. 1, 1967

Lowered the illegal BAC limit from .15 to .10 percent.

Effective Jan. 1, 1980

Established 21 as the minimum drinking age.

Effective Jan. 1, 1984

Established mandatory 48-hour imprisonment or 10 days of community service for a second or subsequent DUI conviction.
Added victims of DUI to the Crime Victims Compensation Act.
Required the courts to notify the Secretary of State of case dispositions or court supervisions for DUI and other serious offenses for entry on the central driver database.

Effective Jan. 1, 1986

Established the drivers license statutory summary suspension program to allow the automatic suspension of driving privileges for refusal to submit to or failure of chemical testing following arrest for DUI.
Included DUI victims in the Bill of Rights for Crime Victims; mandated pre-sentence professional alcohol or drug evaluation for FUI offenders, and provided for drivers license suspension for refusal of chemical testing in another state.

Effective Sept. 12, 1986

Provided that any person under age 21 who is convicted of a second DUI offense shall have all driving privileges revoked by the Secretary of State until the licensee attains the age of 21 or for one additional year, whichever is longer.

Effective Jan. 1, 1988

Established minimum lengths of time prior to a multiple offender being allowed to apply for a drivers license after revocation for DUI: minimum of three years for second offense and minimum of six years for third or subsequent offense.

Effective Sept. 21, 1989

Provided for a 24-month drivers license suspension with a minimum six months of hard suspension (no permits) for refusing to submit to chemical testing for second and subsequent offenses.

Effective Jan. 1, 1991

Provided for suspension of driving privileges for a driver involved in a serious personal injury or fatal motor vehicle crash who was at fault and who refused to submit to or failed chemical testing (.10 percent BAC or greater).

Effective July 1, 1991

Provided for the cancellation of a drivers license for a driver convicted of violating the Cannabis Control Act or the Illinois Controlled Substances Act while operating a motor vehicle.

Effective Nov. 3, 1992

Crime Victims Rights Constitutional Amendment guarantees and protects the rights of crime victims, including those victimized by DUI.

Effective Jan. 1, 1993

Drivers convicted of DUI within the last 10 years, rather than five years, shall not be eligible for court supervision.
Child Endangerment Law Drivers convicted of DUI while transporting a person age 16 or younger are subject to a minimum fine and mandatory community service in a program benefiting children.

Effective Jan. 1, 199

Drivers under age 21 at the time of offense face a one-year drivers license suspension of illegal transportation of alcohol. Driving privileges are revoked on the second or subsequent offense.

Effective Jan. 1, 1995

Use It & Lose It law Drivers under age 21 caught with even a trace of alcohol in their systems will lose their driving privileges.

Effective July 21, 1995

Multiple offenders suspended for refusal to submit to chemical testing are ineligible for restricted driving permits.

Effective Jan. 1, 1997

Court supervision for DUI offense limited to once in a lifetime.
Results of blood or urine tests performed for the purpose of determining the content of alcohol, other drugs or both, in an individuals blood or urine conducted during medical treatment in a hospital emergency room for injuries resulting from a motor vehicle crash maybe reported to the Illinois State Police or local law enforcement agencies.

Effective July 2, 1997

Lowered the BAC limit at which a driver is considered to be under the influence of alcohol from .10 to .08.

Effective Dec. 1, 1997

Increased the revocation period to five years for a second DUI conviction and to 10 years for a third or subsequent conviction within 20 years.
Increases the revocation period for the conviction of reckless homicide (DUI) to tow years.

Effective Jan. 1, 1998

School bus drivers caught driving a school bus with any trace of alcohol in their systems will lose their school bus driver permits.
Maximum fines increased for criminal penalties: petty offenses up to $1,000, misdemeanors up to $2,500, felonies up to $25,000.

Effective Jan. 1, 1999

Ensured that a person convicted of a fourth DUI violation will not be allowed to apply for a license.
Increased penalties for a person convicted of DUI charges while the license is suspended or revoked, and allowed for seizure of the vehicle.
Increased the summary suspension from two years to three years for a repeat or subsequent DUI offender who refuses or fails to complete a DUI test.
Imposed a summary suspension and revocation fee of $250 for a driver charged with second or subsequent DUI violations.
Increased the impoundment period for the vehicle of a DUI suspect on a graduated basis depending on the number of DUI arrests.
If charged with driving while suspended or revoked, and the revocation or suspension is for a violation of DUI , the person is not eligible for supervision if, in the last 10 years, the person has been convicted of or received supervision for driving while suspended or revoked.
Included the phrase intoxicating compounds, such as sniffing paint and glue, under the DUI law.
Required hospital emergency rooms to report chemical test results of individuals treated in motor vehicle crashes to Illinois State Police or law enforcement officials upon request.

Effective Jan. 1, 2000

Made permanent the Breath Alcohol ignition Interlock Device (BAIID) program, which uses an electronic breath-alcohol monitoring device to help prevent repeat drunk drivers from driving under the influence.
Prohibited court supervision for individuals with previous out-of-state DUI or reckless driving convictions.

Effective Oct. 1, 2000

Required all court supervisions for traffic violations to be reported to the Secretary of State.

Effective July 27, 2001

Any person who commits a DUI for the fourth or subsequent time during the time his/her license is suspended or revoked for a prior DUI conviction or a conviction for an accident involving death or personal injury is not eligible to receive probation at time of sentencing.

Effective Aug. 3, 2001

Prohibited the Secretary of State from issuing a restricted driving permit (RDP) for a period of one year after a second or subsequent revocation of driving privileges for driving under the influence.
Increased minimum imprisonment and community service terms for a second DUI violation committed within five years of a previous violation from 48 consecutive hours of imprisonment to five days and from 100 hours of community service to 30 days.

Effective Aug. 10, 2001

Set mandatory minimum jail sentencing and community service for individuals who drive with a suspended or revoked drivers license as a result of DUI, reckless homicide, leaving the scene of an accident or statutory summary suspension. Upon a fourth conviction, judicial authorities have the discretion of seizing or immobilizing an offenders vehicle.

Effective Aug. 17, 2001

Extended prison sentences for felony DUI convictions.
Created a new category of driving under the influence for those driving with a BAC of .16 or greater. Provided enhanced penalties with mandatory minimum sentencing requirements.
Enhanced penalties, including mandatory minimum prison and community service sentences, for individuals who drive under the influence of alcohol or other intoxicating compounds with a child under age 16 in the vehicle.
Required the installation of Breath Alcohol Ignition Interlock Device (BAIIK) in the vehicle of any individual with tow or more DUI incidents. Provided that a monthly fee be charged for the maintenance of the BAIID device and money generated from this fee be deposited into the Secretary of States DUI Administration Fund.
Set a $50 fee for any individual requesting a formal hearing with the Office of the Secretary of State for the purposes of asking for restricted driving relief or reinstatement of driving privileges.

Effective Jan. 1, 2002

Provided for an additional $100 fine for any person convicted of driving under the influence. This money is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers.
Provided that a person sentenced to reckless homicide shall not be permitted to drive until 24 months after the date of his or her release from prison. This 24-month period does not commence until the expiration of any period of mandatory supervised release or parole.

Effective July 16, 2002

Provided for the seizure and forfeiture of a persons vehicle who is convicted of driving on a revoked or suspended drivers license, if the suspension or revocation was the result of a conviction for DUI, leaving the scene of a personal injury accident, reckless homicide, or for a statutory summary suspension related to the use of alcohol, drugs or intoxicating compounds.

Effective Jan. 1, 2003

Requires local liquor commissioners to report to the Secretary of State any conviction of a person under age 21 that purchases, accepts, possesses or consumes alcoholic liquor. A violation results in a one-year suspension or revocation of driving privileges.

Effective Jan. 1, 2003

Established mandatory minimum fines $500 for a first offense and $2,000 for a second offense for persons providing alcohol to minors. If the provision of alcohol results in a death, it is considered a Class 4 felony carrying one to three years possible imprisonment and fines of up to $25,000.

Effective July 18, 2003

Established the offense of Aggravated DUI involving a death. The offense is a lass 2 felony carrying a possible three to 13 years imprisonment if the violation resulted in the death of one person, or six to 26 years imprisonment if the violation resulted in the deaths of two or more persons (only if the defendant is sentenced to a term of imprisonment).

Effective Jan. 1, 2004

Provides that operating a watercraft or snowmobile under the influence of intoxicating compounds is prohibited.
Provides that any person convicted of or pleading guilty to driving under the influence of alcohol, drugs or intoxicating compounds, including any person receiving a disposition of court supervision for the offense, may be required by the court to attend a victim impact panel presented by one of several specified organizations.
Provides that the court may impose as a condition of the bail of a defendant charged with DUI that the defendant refrain from operating a motor vehicle not equipped with Breath-Alcohol ignition Interlock Device.

Effective June 1, 2004

Provides that reckless driving in a construction or maintenance zone resulting in a death is reckless homicide, a Class 2 felony and, if a defendant is sentenced to imprisonment, he or she shall be sentenced to three to 14 years. If the offense involves the death of two or more persons as part of a single course of conduct, and, if sentenced to imprisonment, a defendant shall be sentenced to 6 to 28 years.

Effective Oct. 1, 2004

Creates the right of action for unlimited civil damages against any person over age 18 who provided or contributed alcohol or illegal drugs to anyone under age 18 and the provision of alcohol results in a death. Allows such suit for damages, injury or death if caused by the impaired minor.