The ruling stems from a case involving three Illinois men who said the law did not allow defendants to petition a judge for return of a vehicle until after their cases of driving under the influence in Illinois were resolved. If a case went to trial, that could take several years. Family members, loved ones and even employers not accused of drunk driving were denied prompt reviews and would have to wait for the opportunity of the vehicle to be returned.

The vehicles are periodically auctioned off with neither the owner or the institution holding the vehicle title receiving funds from the sale. In some cases, the seized vehicles are assigned to local politicians and law enforcement officers for both business and private use.

Dudgeon's opinion said that the law violated due process clauses protected in both state and federal constitutions. Anti-drunk driving advocates are enraged, saying that the greater public good outweighs the punitive damages imposed on innocent co-owners, family members or those who loan someone a vehicle. The DuPage County State’s Attorney has been consulting the state Attorney General and hopes to appeal the ruling to the Illinois Supreme Court.

Have you been arrested for DUI in IL?

Illinois has an implied consent law under which a motorist agrees to submit to a breath, blood and urine tests when issued a driver’s license. Illinois DUI defense attorneys argue that it is against a person’s constitutional rights to provide incriminating evidence and that a person arrested for a criminal act has the right to a legal counsel before talking with police and providing information or evidence. Defense attorneys routinely instruct suspected drunk drivers in the Chicago area to not submit to a blood-alcohol test.

It is that defense position that led the Kane county state’s attorney to implement the no refusal program. Search warrants will be pre-written and available to St. Charles, Batavia and Geneva police departments, along with county law enforcement. Officers simply have to fill in specifics, have an assistant DA review the warrant and have a judge sign it. The Geneva police headquarters will be used as a command center for the program and county health department has agreed to provide phlebotomists to draw the blood sample.

It is estimated that it will take 90 minutes to implement the warrant and process a suspected drunk driver. The county state’s attorney thinks the evidence gathered through the program will increase the number of Illinois DUI defendants pleading guilty or accepting plea bargains rather than going to trial.

It is estimated that the ‘No Refusal Weekend’ will cost the county $9,000, paid for by the Kane County DUI Task Force. The county will not divulge what weekend will be designated for the program.

Do you need an Illinois DUI Attorney?

IMPLIED CONSENT LAW: When driving on Illinois roadways, you automatically give your consent to submit to certain tests following arrest for DUI. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.

STATUTORY SUMMARY SUSPENSION LAW: If you are arrested and found to have a BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender within a five-year period, your privileges will be suspended for 12 months if you fail the test or 36 months if you refuse to test. A test refusal may be used as evidence against you in the DUI court case. At the time of arrest, the officer will take your license, and if valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

DUI CONVICTION: In addition to a Statutory Summary Suspension, you may be convicted of driving under the influence of alcohol, other drugs and/or intoxicating compounds. The first DUI conviction will result in the loss of your license for a minimum of one year. You also may be fined up to $2,500 and given a jail sentence of up to one year. If you are convicted of a second DUI offense within 20 years, you will lose your license for a minimum of five years. If this is the second offense within five years, in addition to other fines and penalties, you will be sentenced to 5 days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year. A third conviction, which is a Class 4 felony, will result in the loss of your license for a minimum of 10 years, a possible one to three years imprisonment and a fine of up to $25,000. A fourth conviction will result in the loss of your license for life.

Persons convicted of DUI where the alcohol content was .16 or greater OR convicted of a DUI while transporting a child under the age of 16, in addition to the penalties that apply for each conviction, will be subject to enhanced penalties including additional fines, community service and jail time.

A DUI also will subject you to high risk auto insurance rates for three years. Before your driving privileges are restored, you will be required to undergo an alcohol and drug evaluation and successfully complete a rehabilitation or an alcohol and drug education program and/or meet other requirements.

ILLEGAL TRANSPORTATION OF AN ALCOHOLIC BEVERAGE OPEN CONTAINER: It is illegal for anyone to drink alcoholic beverages in a vehicle. Both driver and passengers may be issued a traffic citation. Passengers on chartered buses, motor homes, mini motor homes, and limousines are exempt from this rule. It is illegal to have alcohol in the passenger area of a vehicle if the container has been opened. If convicted, you may be fined up to $1000. If there is a second offense within one year, your driver's license will be suspended or revoked for one year. Any driver under age 21 also faces loss of driving privileges for the first conviction.

AGGRAVATED DUI: You may be charged with Aggravated DUI if you, as the driver, are involved in a death or personal injury crash while driving under the influence; have received a third DUI; committed DUI while driving a school bus with children; or received a DUI after a previous history of reckless homicide or Aggravated DUI involving a death. This is a Class 4 felony punishable by a possible 1-3 years imprisonment (1-12 years if a personal injury was involved) UNLESS involving a death which is a Class 2 felony, 3-14 years imprisonment (if multiple deaths 6-28 years); felonies carry fines of up to $25,000. The type of offense involved will determine the length of license revocation.

DRIVING ON A SUSPENDED OR REVOKED LICENSE (FOR DUI, RECKLESS HOMICIDE, LEAVING THE SCENE OF A FATAL OR PERSONAL INJURY ACCIDENT): If you are convicted of driving while your license is revoked or suspended for the above incidences, the suspension or revocation period will be extended. Your vehicle may be seized and sold at public auction and you will be faced with a mandatory 10 days in jail or 30 days of community service. This is a Class A misdemeanor which carries fines of up to $2,500 and possible jail time of up to one year.

All convictions are Class 4 felonies carrying fines of up to $25,000 and 1-3 years of imprisonment. A second conviction of this violation may also result in 30 days of jail time or 300 hours of community service. A third conviction has a mandatory minimum of 30 consecutive days in jail, a fourth or subsequent conviction requires a minimum imprisonment of 180 days.

ALLOWING SOMEONE UNDER THE INFLUENCE TO DRIVE YOUR VEHICLE: It is illegal for you to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you may be fined up to $2,500 and given a jail sentence of up to one year.

PROVIDING ALCOHOL TO A PERSON UNDER AGE 21: If you are convicted of providing alcohol to a person under age 21, you may be fined up to $2,500 and given a jail sentence of up to one year and/or your driving privileges may be suspended under the Illinois Liquor Control Act.

If you are under 21 and are arrested for any traffic violation and found to have a trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for 12 months if you fail or 24 months if you refuse to test. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver's license examination to be re-issued a driver's license. A traffic stop for Zero Tolerance can be upgraded to a DUI arrest depending on test results or a test refusal, at the discretion of the investigating officer.

Any person under the age of 21 that is convicted of illegal consumption, attempting to purchase or possession of alcohol, or accepting an alcoholic beverage as a gift, will lose their driving privileges for one year.

Typically judges order the installation of interlock devices when the offender has multiple DUI convictions. The systems keep a driver from starting a vehicle if alcohol is detected. Breath detection interlock devices are more effective in keeping habitual drunk drivers off the road than a license suspension. New technologies include surfaces that can detect alcohol through a person’s skin, like hands on a special steering wheel.

Cahnman was a lobbyist for a company that manufactures ignition interlock systems and he cites his help in getting legislation passed that allows judges to order use of the systems on a first DUI offense. He is concerned however that judges rarely impose the measure. Of the nearly 50,000 DUI tickets issued in the state of Illinois, about 3,000 cases result in the use of an ignition interlock device.

Organizations like MADD and Victim Impact Speakers, as well as the office of the Illinois Secretary of State, support the proposed
legislation.