DUI and Traffic Lawyer Serving Ottawa and LaSalle County

Medical and Recreational Cannabis (Marijuana)

Illinois law allows for the medical and recreational use of cannabis if age 21 or older. Individuals who wish to use cannabis for medicinal purposes may enroll in the Compassionate Use of Medical Cannabis Program, administered by the Illinois Department of Public Health. The Department of Public Health will issue a registry ID card, and a notation will be made on the registrant's Illinois driving record.

A driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally. Cannabis may only be transported in a vehicle in a sealed, odor-proof and child resistant container. No driver or passenger may use cannabis in a motor vehicle. If a police officer stops a vehicle and the officer has reasonable suspicion to believe the person is impaired by the use of cannabis, the driver must submit to field sobriety testing and/or validated roadside chemical tests. Refusal to submit to testing or failure of field sobriety tests and/or validated roadside chemical tests will result in the suspension of the person's driver's license.

Driving while impaired by the use of cannabis or illegal transportation of cannabis in a motor vehicle may result in the loss of driving privileges and for a medical cannabis registry card holder, the revocation of the driver's medical cannabis card.

Statutory Summary Suspension/Revocation

A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a driver has a BAC of 08 or more, a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, or a trace of other drugs.

Statutory summary suspensions are automatic and effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect.

If Illinois drivers refuse to submit to chemical testing in another state, their driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than .08. A statutory summary suspension does not apply to a person with a THC of less than either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance unless the person is a CDL holder. If a person has a BAC of more than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If commercial driver's license holders receive a statutory summary suspension, their CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense.

A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges. The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary suspension penalties, which is the administrative process. For more information on the criminal penalties for a DUI conviction, see pages 14-17.

A police officer is required to request a chemical test when there is probable cause to suspect DUI is a factor when a crash results in personal injury or death. Drivers who refuse to submit to such testing will have their driving privileges revoked for a minimum of one year.

Drivers who are subject to chemical testing may be liable for the medical costs associated with the blood test (up to $500) if they are consequently convicted of DUI.

A person's driver's license may be subject to multiple suspensions or revocations simultaneously. No single suspension or revocation serves to negate, invalidate, cancel, postpone or lessen the effect of any other suspension or revocation.

Failing Chemical Testing

• First offense - Suspension of driving privileges for six months (eligible for a
• Monitoring Device Driving Permit) *
• Second or subsequent offense within five years - Suspension of driving privileges for one year.

Refusing to Submit to Chemical Testing

• First offense - Suspension of driving privileges for 12 months (eligible for a Monitoring Device Driving Permit).*
• Second or subsequent offense within five years - Suspension of driving privileges for three years.

* A DUI offender who is eligible for driving relief and issued a Monitoring Device Driving Permit (MDDP) must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees. For more information, see page 17.

Field Sobriety Test Suspension

A police officer who has reasonable suspicion to believe a person driving or in actual physical control of a motor vehicle is impaired by the use of cannabis may ask the driver to submit to standardized field sobriety tests.

If a driver refuses or fails to complete standardized field sobriety tests or if the tests disclose the driver is impaired by the use of cannabis, a field sobriety test suspension will be imposed.

Field sobriety test suspensions are automatic and effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the suspension; however, the request does not stop the suspension from taking effect.

A person's driver's license may be suspended for both a field sobriety test suspension and a statutory summary suspension at the same time.

Refusal or failure to complete field sobriety tests:

• Suspension of driving privileges for 12 months (not eligible for a Monitoring

Device Driving Permit).

Submission to field sobriety tests that discloses impairment:

• Suspension of driving privileges for six months (not eligible for a Monitoring

Device Driving Permit).

Judicial Hearings

A driver may request a judicial hearing to challenge a statutory summary suspension or statutory summary revocation within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges. Legally, only five issues may be considered:

• Whether the person was arrested for DUI.
• Whether there were reasonable grounds to believe that at the time of arrest the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs.
  Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing.
• Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more; a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance; or any trace of a controlled substance, methamphetamine and/or intoxicating compounds.
• Whether, in the case of a statutory summary revocation, the driver was involved in a motor vehicle crash that caused personal injury or death.

The suspension/revocation is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver's record.

A driver may request a judicial hearing to challenge a field sobriety test suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.

Only the following issues may be considered:

• Whether the officer had reasonable suspicion to believe the person was driving or in actual physical control of a motor vehicle while impaired by the use of cannabis.
• Whether the person, after being informed of the impending field sobriety test sus-pension, refused to submit to or complete field sobriety tests.
• Whether the person, after being informed of the impending field sobriety test sus-pension, submitted to field sobriety tests that disclosed impairment by the use of cannabis.

Penalties for a DUI Conviction

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver's age, the driver's BAC level, whether the driver was transporting a child under age 16, whether the driver was driving the wrong way on a one- way road and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI. (See page 30 for specific penalties for misdemeanor and felony convictions.)

First Conviction:

Class A misdemeanor; minimum revocation of driving privileges for one year (two years if driver is under age 21); suspension of vehicle registration.

• If committed with a BAC of .16 or more - in addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
• If committed while transporting a child under age 16 - in addition to any penalties or fines, possible imprisonment of up to six months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
• If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI; Class 4 felony - in addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction: 

Class A misdemeanor; mandatory minimum imprisonment of five days or 240 hours of community service; revocation of driving privileges for a minimum of five years for a second conviction within 20 years; suspension of vehicle registration.

• If committed with a BAC of .16 or more - in addition to any penalties or fines, mandatory imprisonment of two days and mandatory minimum fine of $1,250.
• If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony.
• If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony - in addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction: (Aggravated DUI)

Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

• If committed with a BAC of .16 or more - in addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
• If committed while transporting a child under age 16 - in addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction: (Aggravated DUI)

Class 2 felony; revocation of driving privileges for life; suspension of vehicle reg-istration.

• If committed with a BAC of .16 or more - in addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
• If committed while transporting a child under age 16 - in addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction: (Aggravated DUI)

Class 1 felony; revocation of driving privileges for life; suspension of vehicle reg-istration.

• If committed with a BAC of .16 or more - in addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
• If committed while transporting a child under age 16 - in addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction: (Aggravated DUI

Class X felony; revocation of driving privileges for life; suspension of vehicle reg-istration.

• If committed with a BAC of .16 or more - in addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
• If committed while transporting a child under age 16 - in addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person who is sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or imprisonment of 10 days.

Aggravated DUI includes the following offenses:

• Third or subsequent DUI (Class 2 felony; penalties vary according to offense).
• DUI committed while driving a school bus carrying one or more persons age 18 or younger (Class 4 felony).
• DUI committed while driving a vehicle for-hire carrying one or more passengers
• (Class 4 felony).
• DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony). Revocation of driving privileges for a minimum of two years.
• Second or subsequent DUI committed while transporting a child under age 16
  (Class 2 felony; penalties vary according to offense).
• DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony; penalties vary according to offense).
• DUI committed without a valid driver's license or permit (Class 4 felony).
• DUI committed without vehicle liability insurance (Class 4 felony).
• DUI committed after a previous conviction for reckless homicide while DUI or
  Aggravated DUI involving a death (Class 3 felony).
• DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony).
• DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. The revocation period is determined by offense.
• DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of two years from the effective date of the revocation or from the date of release from incarceration for the offense.

Reckless Homicide:

A person may be charged with reckless homicide if he/she operates a motor vehicle, snowmobile, all-terrain vehicle or watercraft while under the influence that results in the death of an individual. If convicted, the driver will serve a minimum two years of imprisonment (possibly longer depending on the circumstances and location of the crash). If a person is driving on a suspended or revoked driver's license as the result of an Aggravated DUI conviction and is involved in an alcohol-related crash where a death occurs, he/she may be charged with reckless homicide.

Additional Consequences of DUI

• A DUI conviction is a permanent part of an offender's driving record.
• The offender may lose work time.
• The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.
• The offender must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining an RDP.
• A Breath Alcohol Ignition Interlock Device may be installed on the offender's vehicle as a condition of driving relief.
• The offender is required to carry high-risk auto insurance for three years.
• The offender's vehicle registration will be suspended.

Vehicle Impoundment

The vehicle of any driver may be seized or impounded by local authorities for:

• Committing a DUI while driving privileges are suspended/revoked for a previous
  DUI or reckless homicide.
• Committing a DUI with a previous conviction of reckless homicide, Aggravated
  DUI with death or great bodily harm.
• Committing a third or subsequent DUI.
• Committing a DUI without a valid driver's license or permit.
• Committing a DUI while uninsured.

Breath Alcohol Ignition Interlock Device (BAIID)

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.

On average, approximately 10,000 individuals are driving with a BAIID installed on their car or truck.

First-time DUI offenders who wish to obtain and are eligible for driving relief during the period of statutory summary suspension are required to have a BAIID installed on their vehicle.

To be eligible for driving relief, offenders must obtain a Monitoring Device Driving Permit (MDDP), and a BAIID will be installed on their vehicle through the Secretary of State's office. An MDDP and installation of a BAIID allow offenders to drive anywhere at any time as long as they are driving a vehicle installed with a BAIID. The Secretary of State's office monitors the BAIID throughout the duration of the permit. 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.

A DUI offender may decline to have an MDDP and a BAIID and instead choose to restrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony.

A BAIID also is required as a condition of receiving a Restricted Driving Permit

(RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest.

An RDP allows individuals to drive on a restricted basis according to their permit.

(For more information on the RDP, see page 19.)

Individuals who have two or three DUI convictions must obtain an RDP, drive only vehicles equipped with a BAIID and install a BAIID on all vehicles registered in their name for a period of five continuous years as a prerequisite for full reinstatement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State's office.

Drivers with four or more DUI convictions may apply to the Secretary of State's office for an RDP after serving five years of their revocation. If the RDP is granted, drivers must have a BAIID installed on all vehicles registered in their name for the remainder of their driving lifetime and drive only vehicles equipped with a BAlID.

A DUI offender is responsible for all costs associated with the issuance, installation and monitoring of the BAIID. For a listing of certified BAIID vendors and installation sites, visit ilsos. gov (click Departments, BAIID).

Driving Permits

Monitoring Device Driving Permit (MDDP)

• A first-time DUI offender may obtain an MDDP from the Secretary of State's office to allow unlimited driving during the statutory summary suspension. (A first-time offender is a driver who has not received a previous statutory summary suspension in the past five years, been convicted of DUI or assigned court supervision for DUI in Illinois, or been convicted of DUI in another state within five years.)
• An offender must have a Breath Alcohol Ignition Interlock Device (BAIID) installed and maintained on any vehicle driven during the suspension period. An offender may drive anywhere at any time once the permit is issued and the BAIID installed.
• A commercial driver's license holder may not drive any vehicle for which a CDL is required.
• An MDDP may not be issued to drive any commercial motor vehicle.
• An offender is ineligible for an MDDP if the driver's license is otherwise invalid or if death or great bodily harm to another resulted from the DUI arrest.
• An offender is ineligible for an MDDP if previously convicted of reckless homicide or Aggravated DUI that resulted in a death.
• An offender is responsible for all costs associated with the MDDP and BAIID.
  (Those proclaimed indigent by the Secretary of State BAIID Division will have some vendor fees waived.)
• A driver under age 18 is not eligible for an MDDP.
• A driver is not eligible for an MDDP during a field sobriety test suspension.

Restricted Driving Permit (RDP)

• If eligible, a person convicted of DUI may apply to the Secretary of State's office for an RDP.
• A driver under age 16 whose driving privileges are revoked is not eligible for an RDP.
• To obtain an RDP, the offender may have to prove a hardship exists, provide a current professional alcohol/drug evaluation and, when appropriate, provide proof of remedial education or treatment.
• An offender must appear before a hearing officer in the Secretary of State's Department of Administrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis.
• Offenders with two or more alcohol-related driving incidents on their driving record are required to have a BAIID installed on their vehicle for the duration of the RDP. The offender is responsible for all costs associated with the BAIID during this period.
• Upon application for a formal hearing for an RDP or reinstatement of driving privileges, a $50 nonrefundable filing fee is required.