Laws regarding driving under the influence (DUI) are constantly changing in an effort to ensure criminal justice. With the new year, there are changes to the law that may affect you. Effective as of January 1, 2015, parents must take greater responsibility for the alcohol consumption of their children.
2015 Changes to the Law
In an attempt to further discourage underage drinking and prevent dangerous consequences, two new laws went into effect. These laws increase the responsibility parents have for their child’s underage drinking.
- Parents and guardians are prohibited from knowingly allowing a vehicle, watercraft or other conveyance to be used for underage drinking. In the past the law only restricted residences and private property. (HB 4745 PA 98-1017)
- The statute allowing criminal penalties to any person that knowingly permits or allows his or her residence to be used by a person under the age of 21 that possesses or is consuming alcohol was restored.
History of Illinois DUI Laws
DUI laws in the state of Illinois are constantly evolving as lawmakers attempt to find the best laws to combat drunk driving. Since driving under the influence of drugs and alcohol is dangerous for everyone on the road, Illinois takes violation of the law very seriously. The first DUI law was established in 1958, and since that time many changes have made the law more strict. A list of the changes made to DUI law over time can be found at the Illinois Secretary of State website. Most recent changes prior to this year include:
- regulating how medical cannabis can be transported
- prohibiting medical marijuana users to drive while using marijuana for medical purposes
- making DUI while driving a person for hire an aggravated DUI
- subjecting those who refuse the breathalyzer test to pay a $500 fine for the blood test if they are found guilty of DUI
- increasing the penalties for DUI on a suspended license if it was revoked because of reckless homicide, DUI, refusing to submit to chemical testing, or leaving the scene of a crash
- involving personal injury or death
- subjecting those that crash while operating a watercraft to chemical testing
A huge change to Illinois law last year was the legalization of medical marijuana. Even with the legalization of cannabis for medical use, driving while under its influence is illegal. Unlike alcohol, there is no level of cannabis that is legally allowed while driving. If you use medical cannabis, it is important that you understand the law.
- Need Proper Legal Documentation
- Individuals that are authorized to use medical cannabis must register with the Illinois Department of Public Health (IDPH)
- Individuals must have a written certification from a physician licensed to practice in Illinois
- Individuals must have a registry ID card issued by IDPH
- A notation is made on the individual’s driving record and made available to law enforcement
- Proper Transportation of Medical Marijuana
- Must be contained in a tamper proof container
- Must be place in an inaccessible area
- Illegal to Operate a Motor Vehicle While Using Medical Marijuana
- Individuals that drive while using medical marijuana or carry an open or accessible container may lose their medical marijuana card in addition to any penalties for a DUI conviction
DUI Criminal Defense Lawyer
Traffic laws protect the safety of all Illinois driver’s. With the constant changing of traffic and DUI laws, it is important to stay up to date with the current law. Know the law, so that you don’t find yourself facing charges that could have been preventable. If you have been charged with breaking a DUI law, contact a Criminal Defense Attorney right away. Dennis Dwyer is knowledgeable in Illinois DUI law and makes sure to stay up to date with any new laws. Call him today to discuss your DUI charges.