Subject Index Driving Under the Influence

The secretary of state adopted amendments to Procedures and Standards for formal and informal administrative reinstatement of driving privileges hearings.

On Sept. 4, 2020, the Second District of the Illinois Appellate Court reversed a trial court’s holding that barred the state from introducing the results of consensual blood and urine tests because the defendant was not under arrest at the time of the tests.

The Secretary of State adopted amendments to the Part titled Procedures and Standards and Cancellation and the Part titled Revocation or Suspension of Licenses or Permits, providing protections for permittees holding restricted driving permits with breath alcohol ignition interlock devices (BAIID).

On May 20, 2020, the Third District of the Illinois Appellate Court affirmed the judgment of the Rock Island County Circuit Court in holding that blood drawn for medical treatment could be admitted as evidence supporting a DUI conviction.

The Secretary of State added a section to the part on Procedures and Standards requiring sellers of Breath Alcohol Ignition Interlock Devices (BAIID) to disclose to their customers in advertisements and mailers that they are not agents of the state (92 Ill. Adm. Code 1001 (effective Sept. 5, 2018)).

The Secretary of State amended the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040 (eff. Oct. 30, 2017)) to add new offenses and clarify penalties. The new amendments implement Public Acts 99-697 and 99-68.

The Secretary of State adopted amendments to the procedures and standards providers of Breath Alcohol Ignition Interlock Devices ("BAIID") must follow to receive state funding for their services.

Under proposed amendments to the Code of Criminal Procedure, a defendant who is accused of driving under the influence or aggravated driving under the influence, and refused chemical testing requested by a law enforcement officer, could have their previous DUI or aggravated driving under the influence conviction admitted into evidence.

The Second District Appellate Court suppressed defendant's Portable Breath Test ("PBT") results because the officer did not present the defendant with a choice to take or refuse the PBT.

The new rulemaking amends blood alcohol testing procedures and requirements for the Department of State Police. 20 Ill. Adm. Code (eff. July 29, 2015).

On May 26, 2015, a bill amending the Illinois Vehicle Code ("IVC") passed both houses of the Illinois General Assembly. The bill focuses on the Breath Alcohol Ignition Interlock Device ("BAIID") provisions of the IVC.

On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.