New Laws Amends DUI Related Restrictions

Naperville criminal defense attorneys, DUI related restrictionsTwo new laws that significantly amend the regulations and requirements for obtaining an Illinois driver’s license after a DUI conviction became effective last month. House Bill 3533 now makes the use of an ignition interlock device mandatory for individuals who have been convicted of two or more DUIs and who have been granted a temporary license. House Bill 1446 allows those with a record of four or more DUIs to apply for a restricted permit under certain circumstances.

House Bill 3533

A person who has been convicted of a DUI will automatically have his or her license suspended. However, courts also recognize that people often have no other form of transportation to get to and from employment, school, and medical appointments. For this reason, courts can issue restricted driving permits.

Restricted driving permits allow petitioners to use a car to travel between their residences and places of employment or within the scope of job-related duties. The permit also allows petitioners to drive themselves to a medical facility, rehab program or school. Driving children or disabled individuals that are members of a petitioner’s household to and from daycare is also permitted as long as there are no reasonably available alternative means of transportation. In the case of multiple offenses, these types of permits cannot be issued until one year after the first revocation took place.

Ignition Interlock Devices

If a person has two or more DUI convictions, but has been issued a restricted driving license, he or she may only operate a vehicle if an ignition interlock device has been installed. An ignition interlock device is a breathalyzer that, once installed in a person’s vehicle, does not allow the car to start if a driver has an inappropriate amount of alcohol in his or her system. There is, however, an exception when a driver only needs the use of a car for employment and the car is owned by the driver’s employer. In that instance, the installation of an interlock device in the employer’s car is not required.

According to the new law, ignition interlock devices must be used for a continuous period of at least five years, rather than the previously required one year term. During this time, the driver cannot have violated any regulation related to the use of the device.

House Bill 1446

Another new law allows those with four or more DUI convictions to apply for a restricted driving permit if:

  • Five years have passed since the most recent license revocation or since the date of release from prison for the most recent offense;
  • The petitioner has at least three years of continuous sobriety; and
  • The petitioner has successfully completed a rehabilitation program.

Additionally, if issued a permit, a person with four or more DUI convictions can only operate a car if it is equipped with an. Failure to use the device will lead to a permanent revocation of the restricted license as well as a potential felony charge.

If you have been charged with a DUI, it is essential to retain the services of an experienced defense attorney who may be able to get your charges reduced. Please contact the passionate Naperville criminal defense attorneys at Law Office of Glenn M. Sowa, LLC for a free consultation.