Ramsell & Associates, LLC

Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders (see 625 ILCS 11-500 for definition of first offenders) is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws. But, before getting into those changes, let me state two things that are not affected. First, summary suspension hearings and procedures remain the same, other than the fact the length of the suspensions double (six months for a test failure, twelve months for a test refusal). Second, criminal DUI laws do not change.

What the new law does in place of the judicial driving permit is to create the Monitoring Device Driving Permit (MDDP). In essence, the law gives the first offender the option to drive after the 31st day of his suspension, for any purpose and at any time. Unless a defendant opts out of the MDDP law, the driver must agree to have a breath alcohol interlock ignition device (BAIID) installed on the car that the offender drives. (See Section 3 for a more detailed discussion of BAIID devices). If a driver is caught driving during a summary suspension and he has opted out of the MDDP, it is a Class 4 felony punishable by up to 1-3 years incarceration.

The MDDP is available only to first offenders, which is defined in 625 ILCS 11-500. Essentially, a first offender is a person who has had no DUI suspensions or findings of guilty in the past 5 years. MDDPs are available only for First Offenders unless:

(1) the offender's driver's license is otherwise invalid;
(2) death or great bodily harm resulted from the arrest for Section 11-501;
(3) the offender has ever been previously convicted of reckless homicide; or
(4) the offender is less than 18 years of age.

Unlike a JDP, a first offender is entitled to an MDDP if he fits the above qualifications; the court has no discretion and must order an MDDP, unless the offender opts out in writing:

(e) Following a statutory summary suspension of driving privileges pursuant to Section 11-501.1, for a first offender, the circuit court shall, unless the offender has opted in writing not to have a monitoring device driving permit issued, order the Secretary of State to issue a monitoring device driving permit as provided in Section 6-206.1. A monitoring device driving permit shall not be effective prior to the 31st day of the statutory summary suspension. 625 ILCS 5/6-208.1

For information about the 2009 Illinois DUI Laws visit our website at www.dui-illinois-attorney.com

This title provides insight from experienced DUI defense attorney Don Ramsell about preparing a DUI case in Illinois. Topics covered include implied consent, procedure, and types of DUI evidence. It offers an evaluation of the relevant statutes and case law pertaining to DUI law in Illinois, and provides insight on preparing for and presenting a DUI case. Features
Includes an appendix with documents used and referenced in actual DUI cases
Softbound format makes the book easily portable
Includes practice tips and commentary from an experienced DUI defense attorney, providing insight into preparing a DUI case
Provides analysis of the breath and blood-testing processes, explaining the strengths and weaknesses of key evidentiary issues.

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