DUI SUMMARY SUSPENSION AND BAIID CHANGES FOR 2016
New revisions to Illinois DUI laws and the Secretary of State Hearing process become law on January 1, 2016. Primarily, the changes broaden the ability for DUI affected motorists to become eligible for hearings and eliminate the 30 day "hard time" prohibition for DUI "First Offenders".
First Offender DUI individuals now eligible for installation of BAIID device immediately upon start date of Summary SuspensionPrior to the change, a motorist charged with DUI also faced the imposition of a Statutory Summary Suspension of their driving privileges which would be automatically slated to take effect on the 46th day following the date of their arrest. Under prior law, the motorist would not be eligible to operate a motor vehicle with a BAIID Device until the passage of 30 days "hard time" in which no driving releief existed.
"Hard Time" waiting periods eliminated in certain situations for eligibilty to seek a Hearing and Restricted Driving PermitPrevious "Hard Time" non-eligibility timeframes have been eliminated and effective January 1, 2016, the 36 month refusal wait is eliminated and an individual is immediately eligible to seek an RDP. The same applies to individuals with a 2nd or subsequent conviction for DUI. In all situations, the motorist will be required to comply with all evaluation and counseling recomendations and must show a hardship for RDP consideration. Depending on the individual situation, RDP consideration can be by way of informal or formal hearings. In all instances, issuance will be contingent upon installation of a BAIID device for prescribed periods of time. Hard time still applies to prison release dates on Reckless Homicides and Aggravated DUI. Hard time still applies to persons under 21 convicted of DUI.