On January 1, 2016, Illinois Makes Big Changes to Rules for Second Time DUI Drivers and Aggravated Speeding Law

On January 1, 2016 several big changes in the way two common criminal matters are handled will take effect—changes which are mostly in the favor of drivers convicted of  DUI and aggravated speeding

Second DUI Offense

After January 1, 2016 many of the waiting periods for drivers to apply for driving permits will be eliminated or shortened. If you have been convicted of a two DUIs, you will no longer have to wait three years to apply for a Restricted Driving Permit. Instead, you will be able to apply for the permit right away.

Before full driver’s license privileges will be restored, a driver will have to have five consecutive years of complying with the conditions of a Restricted Driving Permit, including having a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle.

Another change that will affect anyone arrested for DUI is the requirement that an arrestee sign a document acknowledging that he or she has been warned about the consequences of refusing to take, or failing a breath test, including mandatory suspension of a driver’s license.

If you have been revoked for either a second offense DUI (including supervisions) or have been convicted of DUI two or three times (not including supervisions), you will be required to have a Restricted Driving Permit for five years before being able to obtain full license reinstatement. In order to obtain reinstatement, you must serve five continuous years on a Restricted Driving Permit with a Breath Alcohol Ignition Interlock Device (BAIID).

Aggravated Speeding

Most people are shocked to learn that they can go to jail for up to a year for driving too fast. If you exceed the speed limit by more than 26 miles per hour, you are guilty of aggravated speeding. It is a Class B misdemeanor punishable by up to six months in jail to drive 26 miles per hour over the speed limit, but less than 35 miles per hour over the speed limit. If you are driving 35 miles per hour or more over the speed limit you are guilty of a Class A misdemeanor which is punishable by up to a year in jail.

Prior to January 1, 2016 to only disposition authorized by law upon a finding of guilt was a conviction.  However, after January 1, 2016, if you commit the Class B type of aggravated speeding, then you can be sentenced to court supervision. Court supervision means that the defendant is given a series of conditions to meet and must stay out of trouble for a period of time.

If all of the conditions are met, the charges are dismissed at the end of the supervision period. The defendant will not get a criminal conviction on his or her record. If all of the conditions are not met, additional sanctions, including jail, are possible and the conviction will become a permanent part of the defendant’s criminal history.

Speak with a Criminal Defense Lawyer Today

If you have been charged with DUI or aggravated speeding, you need to speak with a Schaumburg criminal defense lawyer right away. Do not talk to anyone about your case until you have consulted with an attorney. You need to know what your rights are. Call Glasgow & Olsson today at 847-577-8700 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&S...

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-6...

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