The driver is required to post bond and may be detained until bond is provided. Their vehicle may be towed, impounded, or seized. Candace Lightner shares the story of the creation of MADD, arguably the most influential anti-drunk driving organization. From 1981 to 1986, under pressure from such advocacy groups as the Mothers Against Drunk Driving, Illinois's legislature passed over 50 pieces of legislation to make DUI laws much harsher than they had been for over 70 years. Besides raising the minimum drinking age to 21, the two biggest changes that were enacted were that now DUI offenders would be prosecuted with the intent to convict, and that blood alcohol content (BADC) tests would determine if a driver was intoxicated, rather than the loose definition that had existed up to the point. Even determining a driver's BADC was difficult initially. The first portal device to see field use was called the "drunkometer" and consisted of a rubber balloon filled with reactive chemicals that would change when coming into contact a drunk driver's breath.
If you refuse to submit or if you submit and have over. 08 BAC, your license will be suspended. If you have not more than one DUI in a five year period and your BAC is over. 08 your license is suspended for six months. However, if you refuse to submit to the test your license will be suspended for one year. It is important to understand that although the consequence of refusing to submit to a breath test is a longer statutory suspension, submitting and testing over the legal limit provides the prosecution with irrefutable evidence of your guilt. It is difficult to argue against test results that demonstrate your level of intoxication. Either suspension period automatically starts 45 days after your arrest. When your license is suspended under statutory summary suspension you are entitled to hearing, despite the suspension automatically starting 45 days after the arrest. You are permitted to file a Petition for a Hearing within 90 days of your arrest. If you do not file the Petition within 90 days, your right to a hearing is considered waived.
Court supervision comes with several conditions such as fines, an alcohol evaluation, Victim Impact Panel, and community service. When you complete the requirements of supervision the case will usually be dismissed after approximately twelve months. Consequences of a Second DUI in Illinois If it is your second or more DUI, the situation is much more complicated. First, you are not eligible for court supervision. Also a revocation of your license is guaranteed upon a conviction. There is also the possibility of jail time although many courts will agree to extensive community service in lieu of jail time. Finally, if this is your third DUI it is considered a felony. Illinois Statutory Summary Suspension for DUI Explained Aside from a conviction for driving under the influence, you also have to worry about a statutory summary suspension of your license. In Illinois, when you are pulled over for suspected DUI the officer will request that you submit to a chemical test, usually a breathalyzer.