Driving Under the Influence | DUI Evaluation
During this New Year, please be very mindful that driving under the influence of any mind-altering substance, whether prescribed or not, is a very serious offense. In the State of Illinois, driving under the influence is considered a violent crime when death or injury occurs. Whether injury occurs or not, there’s an array of aggravating factors to a DUI offense that will immediately turn a first time DUI offense into a felony charge. Further, there are immediate administrative sanctions and consequences imposed by the Illinois Secretary of State when an individual is arrested for driving under the influence of a mind-altering substance, including further consequences imposed when a person is convicted of driving under the influence..
Data released by the Illinois Secretary of State for the complete years of 2019 and 2020 indicate that the mean average of fatal car accidents involving impaired drivers was 24%. Practically 1 out of every 4 fatal car accidents involved an impaired driver during these years. When death or injury occurs as a result of an impaired driver, the offender is required to serve at least 85% of their prison sentence. Further, injured victims of impaired drivers are considered victims of a a violent crime. Victims’ rights are protected by statute and guaranteed by the Illinois Crime Victims’ Rights Constitutional Amendment. Such victims have the following rights:
- Be treated with fairness and respected for their dignity and privacy and to be free from harassment, intimidation and abuse throughout the criminal justice process.
- A notice and to a hearing before a court ruling on a request to access any of their records, information or communications that are privileged or confidential by law.
- Be notified in a timely manner of all court proceedings.
- Communicate with the prosecution.
- Be heard at any post-arraignment court proceeding in which their right is at issue and any court proceeding involving a post-arraignment release decision, plea or sentencing.
- Be notified of the conviction, sentence, imprisonment and release of the accused.
- Timely disposition of the case following the arrest of the accused.
- Be reasonably protected from the accused through the criminal justice process.
- Be present at the trial and all the court proceedings on the same basis as the accused, unless they are to testify and the court determines that their testimony would be materially affected if they hear other testimony at the trial.
- Have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of their choice.
- Restitution.
Upon conducting court-ordered DUI Evaluations for clients, I’ve encountered numerous clients that have expressed frustration during their DUI Evaluation pertaining to having a felony DUI charge. Typically such clients report being unaware that they were committing a felony act. A DUI arrest that results in a felony charge is typically referred to as an “Aggravated DUI.” All felony DUI offenders are subjected to different terms of imprisonment and fines based on the aggravating factors of their DUI offense. Aggravating factors to a DUI offense include, but are not limited to:
- DUI committed while driving a vehicle for-hire carrying one or more passengers (Uber, Lyft, Taxi-Cab, etc.).
- DUI resulting in great bodily harm, permanent disability or disfigurement.
- Second or subsequent DUI committed while transporting a child under age 16.
- DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child.
- DUI committed without a valid driver’s license or permit.
- DUI committed without vehicle liability insurance.
- Third or subsequent DUI offense.
- DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death.
- DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death.
- DUI committed while driving a school bus carrying one or more persons age 18 or younger.
- DUI resulting in a death.
In the State of Illinois, anyone who fails or refuses to submit to chemical testing will be arrested for driving under the influence and have a Statutory Summary Suspension entered on their driving record. A Statutory Summary Suspension will result in the individual’s driving license being suspended for at least 6-months for failing a chemical test and for 12–36 months for refusing to submit to chemical testing. Statutory Summary Suspensions remain a permanent part of the individual’s driving record. Anyone who is convicted for driving under the influence will automatically have his or her driver’s license revoked, requiring the individual to have a hearing with the Illinois Secretary of State’s Department of Administrative Hearings in order to restore their driving privileges. The Illinois Secretary of State will require the individual to undergo a DUI Evaluation and complete all DUI service and treatment recommendations from the DUI Evaluation prior to considering whether or not to restore the offender’s driving privileges. In the State of Illinois, anyone who is convicted twice for driving under the influence will have his or her driver’s license revoked for 5-years. An individual that receives three DUI convictions will have his or her driver’s license revoked for 10-years. An individual that receives four DUI convictions will have his or her driver’s license revoked for the remainder of his/her lifetime.
If you care about yourself and others, you will not operate a motor vehicle while being impaired by alcohol or other mind-altering substances. Simply put, #buzzeddriving is #drunkdriving and #drivesober or get pulled over. A simple poor decision such as driving impaired will turn your life upside down. Please be conscious of the decisions you make during this New Year. Prison sentences, fines, and loss of driving privileges are not the only consequences an individual experiences after a DUI arrest. Shame, guilt, termination from employment or becoming ineligible for career advancement opportunities are a few other noteworthy consequences to mention.
Reference: https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf
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