100 Deadliest Days for Southern Illinois Drivers

For many Americans, Memorial Day weekend was the official kickoff of summer. Starting Memorial Day up until Labor Day, road traffic amps up as families and individuals hit the road for summer vacation. Inexperienced teen drivers are also out of school and are out driving with their friends, loud music, and cell phones. During the average Memorial Day weekend, 400 Americans will lose their lives in traffic accidents with 44 percent of those accidents caused by drunken drivers. According to the National Safety Council[1], the dates between Memorial Day and Labor Day are the 100 deadliest days for Southern Illinois motorists, a time period that includes seven of the ten deadliest driving days every year. In fact, in 2012, in the months of June, July and August, there were approximately 10,000 fatal traffic collisions. What is it about these weeks that makes them so dangerous? One of the most obvious is the larger number of vehicles on the road, and the longer distances many drivers are driving. Summer is the time when vacation is common and Carbondale residents and students are on the move. In 2013, Americans logged over 780 billion miles on their vehicles during these 100 days. That’s a lot of driving and with a lot of driving comes more opportunities for drivers who consume alcohol during summertime parties and family gatherings. Contact a Southern Illinois Criminal Defense Attorney If you’re arrested or charged with a traffic violation after an auto collision, or arrested for driving under the influence[2] during the 100 deadliest days of summer, it is important to contact an experienced criminal defense attorney as...

Southern Illinois DUI Offenders Given Opportunity For Restricted Driving Permit Effective January 1, 2016

Effective January 1, 2016, Illinois House Bill 1446[1] amended the Illinois Vehicle Code pertaining to restricted driving permits and revocations of driver’s licenses.  The new law expands the number of revoked and suspended DUI drivers who will now be eligible for driving privileges in Illinois.  The law allows the following categories of drivers to obtain driving privileges at a time when the prior law did not allow such privileges: First Offenders: A first offender is an individual without a prior DUI disposition. A first-time DUI offender is now eligible to apply for a Monitoring Device Driving Permit during the first 30 days of a statutory summary suspension. Previously, you were not able to drive during the first 30 days of your suspension. Repeat Offenders: A repeat DUI offender is now eligible to apply for a Restricted Driving Permit during a statutory summary suspension where previously no driving relief was available. Repeat Convictions: A person with two or three DUI convictions must obtain a restricted driving permit, install a Breath Alcohol Ignition Interlock Device on all vehicles owned by the person and may only drive vehicles equipped with the device for a period of five years before full driving privileges may be restored. Four Convictions: A person whose driver’s license has been revoked for life as the result of four DUI convictions may apply for a Restricted Driving Permit after serving a five-year revocation and proving a minimum of three years of abstinence. The person may only drive vehicles that have been equipped with a Breath Alcohol Ignition Interlock Device for the remainder of their driving career unless the law...

Southern Illinois DUI Related Safety Provisions Effective January 1, 2016

Carbondale DUI “Driving Under the Influence[1]” is defined in Illinois as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any illegal substance or is impaired by medication. Marion DUI Related Safety Provisions Illinois Senate Bill 627[2] makes several DUI related safety provision modifications to the Illinois Vehicle Code effective January 1, 2016: Restricted Driving Privilege: Removes the “hard time” provisions which currently prohibit driving relief for DUI offenders and instead allows offenders to apply for a Monitoring Device Driving Permit or Restricted Driving permit with a Breath Alcohol Ignition Interlock Device. – First time DUI offenders – Individuals revoked for DUI and those on second statutory summary suspension Expansion of Breath Alcohol Ignition Interlock Device: Requires any offender with 2 or more DUI or reckless homicide convictions to install a Breath Alcohol Ignition Interlock Device as a condition of a Restricted Driving Permit.  Requires, as a condition of a Restricted Driving Permit, a Breath Alcohol Ignition Interlock Device, if the offender is convicted of DUI involving death, great bodily harm or permanent disability or disfigurement to another. Warnings to Motorist Form: Requires certain individuals suspected of consuming alcohol to sign a written warning from law enforcement to acknowledge the warning.  A failure to sign the warning cannot be used to prove that the warning was not provided. Call a Southern Illinois DUI Attorney If you or someone you loved has...

Southern Illinois Dram Shop Law

In Illinois, a person who is injured by the actions of an intoxicated individual may bring a personal injury claim against the wrongdoer.  Also, the injured person may bring a civil claim against a vendor who supplied alcohol to the person who caused the injury. These claims are known as “dram shop[1]” claims; the name comes from the fact that alcohol was traditionally sold by a unit of measure called a dram. Marion Dram Shop Law The Illinois statute[2] 235 ILCS 5/6-21 provides that an individual who is injured by an intoxicated person is allowed to bring a claim for damages against the alcohol vendor who supplied the alcohol. The claim may be brought for personal injury, property damage, and damage to means of support or loss of society. In Illinois, the vendor supplying the alcohol that caused the intoxication would be the named Defendant. Marion IL Elements of Dram Shop Law The components of a dram shop complaint are: an injury happened to a person or property; the injury happened within Illinois; the intoxicated person caused the injury ; the alcoholic liquor received from the dramshop caused the intoxication; the seller or giver of the alcohol is a commercial entity; the action is filed pursuant to the Dramshop Act; and the damages for injury to person, property, and/or loss of means of support are claimed. Damages in Carbondale Dram Shop Cases Illinois law sets a limit on the alcohol vendor’s financial liability in dram shop cases.  As of January 2016, there is a $65,990.23 dollar limit for personal injury and a $80,654.73 dollar limit for lost support and...

Southern Illinois Breath Alcohol Ignition Interlock Device

The majority of states, including Illinois, require first-time DUI offenders to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicles. Illinois also requires a camera unit on the BAIID to capture the image of the driver as he/she performs the breath test.  According to the Illinois Secretary of State[1], on average, approximately 12,000 individuals are driving with a BAIID device installed on their car or truck. Eligibility for a Carbondale BAIID To be eligible for driving relief, an offender must obtain a Monitoring Device Driving Permit (MDDP), and a BAIID will be installed on the vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an offender to drive anywhere at any time as long as they are driving a vehicle installed with a BAIID.  A DUI offender is responsible for all costs associated with the issuance, installation, and monitoring of the BAIID.  The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device. An offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed can be charged with a Class 4 felony. BAIID Facts for Marion Drivers If you have been arrested or charged with a DUI, or know someone who has, there are some basic BAIID facts to consider: Advanced technology: A BAIID uses advanced technology[2] to read a driver’s blood-alcohol content (BAC) before allowing the vehicle to be started. It is installed in the ignition of a vehicle and prevents the offender from starting...

Illinois DUI Penalties and the Summary License Suspension Law

Driving under the influence of drugs or alcohol (DUI) is a serious criminal offense in the state of Illinois and offenders are actively sought out by law enforcement authorities. In fact, the Illinois Secretary of State’s office indicates1 that there were 34,611 DUI arrests through the state in 2013.  The laws regarding DUI in Illinois have grown significantly stricter over the years, reflecting a modern trend throughout the United States. For this reason, people who are caught drinking and driving are often subjected to significant consequences, including probation, fines, the loss of a driver’s license or even jail time. Below is some general information regarding the penalties authorized by Illinois DUI law.2 If you would like advice regarding your case, call our office to speak to an attorney today. 1st Offense People who are convicted of a 1st DUI offense are facing a one-year revocation of their driver’s license, a fine of up to $2,500, and one year in jail. 2nd Offense People who are convicted of DUI for a second time face much stiffer penalties, including 5 year revocation of their driving privileges, a minimum of five days in jail or 240 hours of community service, fines of up to $2,500, and up to a year in jail. 3rd Offense A third DUI conviction can result in in a 10-year loss of your full driving privileges, a minimum of 10 days in jail or 480 hours of community service, fines of up to $5,000, and a maximum of 12 years in jail. Summary suspension of a driver’s license A summary suspension of a person’s driver’s license is an...