History of DUI Laws

History of SR-22 Insurance

During 1985, the DUI Task Force made 59 recommendations as a result of statewide public hearings. Fifty- two of these were acted upon administratively or legislatively. One of the major changes was the introduction of the statutory summary suspension law. The Illinois Supreme Court in 1987 and 1988 validated the automatic suspension process by upholding specific sections of the summary suspension law, including the provision allowing judges to issue permits for limited driving privileges during the suspension period. The message that drunk driving is a criminal offense was reinforced by this ruling.

Effective Jan. 1, 1991, a driver involved in a serious personal injury or fatal motor vehicle accident and who was considered to be at fault for the accident, will be suspended if the driver either fails a test with a BAC of .10 or greater, refuses to submit to or fails to complete chemical testing. Effective July 1, 1991, the license of a driver convicted of violating the Cannabis Control Act or the Illinois Controlled Substances Act while in actual physical control of a motor vehicle will be cancelled.

History of DUI Laws

Swift and certain loss of driving privileges, as provided by the statutory summary suspension law, is the best deterrent to DUI.

A statutory summary suspension of driving privileges is imposed when an arrested driver either fails a test with a BAC of .10 or greater, refuses to submit to or fails to complete chemical testing. A first offender whose test results indicate an alcohol concentration of .10 or greater automatically receives a three-month suspension. Refusal by the first offender to submit to chemical testing is an automatic six-month suspension. A multiple offender whose test results are .10 or greater receives a 12-month suspension of driving privileges. A multiple offender who refuses to submit sr-22 insurance to or fails to complete chemical testing receives a 24-month suspension of driving privileges.

Statutory Summary Suspension / How to Obtain SR-22 Insurance

A three-month statutory summary suspension can also be imposed, regardless of offender status, when an arrested driver’s chemical test results indicate any amount of a drug, substance or compound resulting from the unlawful use or consumption of cannabis or a controlled substance.

The offender’s drivers license is confiscated by the officer during the arrest, and the driver is issued a temporary receipt to drive that is valid for 45 days. The arrest is reported to the circuit court and the Secretary of State’s office by the arresting officer.

Driving privileges are automatically suspended on the 46th day after the arrest. The driver may request a court hearing to determine if the arrest procedure was conducted properly; however, a hearing request does not stop the suspension from taking effect.

Offenders who receive a three- or six- month suspension are not eligible for a judicial driving permit (JDP) until the 31st day of the suspension. Only first offenders and offenders who receive a drug summary suspension are eligible for JDPs. All other individuals may apply for a restricted driving permit (RDP) through the Secretary of State’s office. For a multiple offender whose test results are .10 or greater, the RDP is not valid for the first 90 days of the suspension. For multiple offenders who refuse to submit to or fail to complete chemical testing, RDPs are not valid for the first six months of the suspension.

During 1991, 91 percent of drivers arrested for DUI who either failed or refused the chemical test lost their driving privileges. Of the first offenders arrested in 1991, 90 percent lost their driving privileges, while 93 percent of the multiple offenders lost their driving privileges. (See tables on pages 20-27 for the county breakdown on first and multiple offenders who have lost driving privileges.)

During 1991, 76 percent of summary suspension arrests were first offenders. Sixty-four percent of summary suspension arrests were for drivers who failed the chemical test, while 36 percent were for those who refused to submit to the test sr-22 insurance.

A driver may request a judicial hearing to challenge a summary suspension. According to state law, the hearing must be conducted within 30 days of the request or on the first court date scheduled for consideration of the criminal charge. Legally, only four issues may be considered:

Whether the person was properly arrested;
Whether there were reasonable grounds to believe the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs at the time of arrest; ® Whether, after being advised of the summary suspension, the driver submitted to chemical testing that showed a BAC of .10 or greater.

The summary suspension is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver’s record.

Nine percent of the 48,609 statutory summary suspensions processed in 1991 were rescinded, compared to 10 percent in 1990; 9 percent in 1989 and 1988; 11 percent in 1987 and 8 percent in 1986.

First time DUI offenders may request a judicial driving permit (JDP) following a summary suspension. Before the court may consider approving a permit, the offender must prove a hardship exists and provide a current professional alcohol and drug evaluation. A JDP enables a person to drive for employment, educational and/ or medical purposes when no other form of transportation is available. The JDP cannot become effective until the 31st day of the suspension.

Of the 33,649 suspended first offenders in 1991, 33 percent (11,071) were issued JDPs. This is a decrease from the 34 percent issued in 1990; up from the 31 percent issued in 1989; 32 percent in 1988 and 1987; and 28 percent in 1986, the first year of the law.

Of first offenders who were issued JDPs, more than half were rated Level I (non-problematic users), approximately one-third were Level II (problematic users), and about 5 percent were Level III (alcohol/chemical dependent).

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