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Controversial DUI Laws in Illinois

DUI laws are always shrouded in controversy. DUI laws in Illinois are no different. Drivers are always pleading their innocence when they are pulled over on the suspicion of DUI and this always creates a potential explosion of accusations to fly between the driver and the legal system.

If you have been charged with an Illinois DUI, the first thing to do is to solicit the services of a qualified Illinois DUI lawyer who will be able to identify the cracks within the system and build a defense based on the many controversial DUI laws adopted by the state.

 
 

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Illinois Controversial DUI laws

First let us bear in mind that “controversial” is a word that is relative. Many individuals cry about controversy when they are at the receiving end. However, in hindsight some of Illinois DUI laws are a bit over the top and do expose themselves to scrutiny. Some of these laws include:

  • Illinois consent law: Many human rights activist in Illinois protest that the consent law infringes on the fifth amendment of drivers. Under the law, Illinois residents automatically agree to a field sobriety test if they are pulled over under the suspicion of a DUI. Failure to submit one’s self will result in an immediate suspension of their driver’s license.
  • Illinois DUI rights kit: The Illinois rights kit is a small device containing a booklet of driver’s rights and a digital device that plays a pre-recorded announcement to a potential arresting officer that the driver intends to exit the vehicle only for the officer’s safety or if being placed under arrest. The aim of the device is to ultimately keep the police officer away from the car and driver thus removing the ability to smell alcohol on their breath or notice their unfocused eyes. Motorist having this device must hand a card to the cop upon being pulled over and play the statement that they will only subject to a field sobriety test in the presence of their attorney.

    Here we see the controversy being turned back on the justice system, as many prosecutors have been unable to prove cases due to the week evidence gathered by the police because of the device.
  • First time offence interlock: While many other states wait until a driver has committed a second DUI before mandating the installation of an ignition interlock device, Illinois DUI legislators have stepped it up a notch and have since become the fourth state to mandate ignition interlock devices for first time offenders. Although the move is harsh and controversial to some, all have admitted that the move was a masterstroke and has resulted in a reduction of DUI cases.
  • Illinois no-refusal weekends: Illinois have come with another strategy to trap DUI offenders who refuse a field sobriety test. On selected weekends, the authorities get numerous warrants signed by the courts to seek and force repeat offenders to take field sobriety tests. These repeat offenders usually refuse these tests, as they are aware that the punishment for refusal is much less than doing prison time for an Illinois DUI. However, in many no-refusal weekends, there have been many cases of abuse by cops reported by suspected drunk drivers.