News

2009 Brings Stiffer Penalties for DUI Offenders

In Illinois a person driving with a blood alcohol content (BAC) of 0.08% or higher is considered legally drunk and therefore illegal to drive.  Starting on January 1, 2009 anyone convicted in Illinois of driving under the influence of alcohol or other drugs (even first-time offenders) will be required to use a breath alcohol ignition interlock device (BAIID) in their vehicle.  The BAIID device (also called a breathalyzer) prevents a car from starting if the driver’s breath does not pass a breath test.  The device also requires a “rolling report” which means that it keeps testing after the car has already been started and is running.  A prompter will tell the driver to pull the car over and blow into the device for a reading.  If the prompting is ignored the car’s horn will begin to sound until the car comes to a stop.  If the vehicle keeps driving the car’s lights will begin flashing until the vehicle is stopped, bringing added attention to the vehicle.  Drivers who are required to install a BAIID in their vehicle are also required to pay the fees associated with it including a $100 installation fee and a rental fee of $110 per month.  If a driver convicted of a DUI fails to install a BAIID in their vehicle they face felony charges and a minimum of 30 days in jail.  The state of Illinois estimates that the minimum cost of a first DUI conviction is over $14,000 including car insurance premium increases.
New laws starting in 2009 also double the summary suspension from 3 months to 6 months for those who fail blood alcohol content (BAC) tests and from 6 months to 12 months for those who refuse a BAC test.  It is also important to note that the legal BAC for people under the age of 21 is and always has been 0%.  Illinois drivers under the age of 21 who are convicted of a DUI will lose driving privileges for a minimum of 2 years on a first offense and for a minimum of 5 years on a second offense.

Smoke Free Illinois

The Smoke-free Illinois Act (SB 500) went into effect on January 1, 2008.  The act prohibits smoking in public places, places of employment and governmental vehicles.  Smoking is also now prohibited within 15 feet of an entrance to a public place or place of employment as well as within 15 feet of windows that open and ventilation intakes.  Business owners and employers are required to post “No Smoking” signs with the international “No Smoking” symbol in a clear and conspicuous place as well as remove all ashtrays from locations where smoking is prohibited.  The Illinois Department of Public Health as well as local public health departments and local law enforcement agencies are required to enforce the act and may assess fines for violation of it. For more information please visit: www.smokefreeillinois.org

Illinois Social Host Law

Early in the school year, the Illinois Legislature passed Senate Bill 158. This bill, known as the “Liquor Control, Under 21 Invitees” Law, increases penalties for parents  and guardians who knowingly supply or allow alcohol in their homes for underage guests which results in serious injury or death to the underage guest or any  individual injured or killed by the underage guest. Previously classified as a misdemeanor, this infraction of the law is now considered a felony. If convicted, the parent or guardian could face 1-3 years in prison and pay up to $125,000 in fines. This law was passed by the Illinois Legislature on July 5, 2007, and went into effect on Aug. 31, 2007. The law was introduced by Sen. Susan Garrett as a result of a wave of deadly teen car crashes in Deerfield and Oswego, Illinois. In each case, the parents either supplied the alcohol or were fully aware the students were drinking and did nothing to intervene. National statistics paint an alarming picture of parental lack of vigilance. Research from the National Center of Addiction and Substance Abuse at Columbia University shows that by the time a teen reaches age 17, almost half (46 percent) will have attended a party at which teens were drinking alcohol, smoking marijuana, or using cocaine or other illegal or prescription drugs while a parent was present. Additionally, youth who drink are 7.5 times more likely to use any illicit drug, more than 22 times more likely to use marijuana and 50 times for likely to use cocaine than youth who never drank. Lastly, research commissioned by The Century Council reveals that 65% of underage youth who drink obtain alcohol from family and friends. Equally important, only 7% of youth report that they obtained alcohol from retailers who failed to check for identification. To read the details of this law click here.