Update: DUI & Lifetime Revocation Legislation

For the last several years, Larry Davis has been engaged in negotiations on behalf of the Illinois State Bar Association (‘ISBA’) and the Illinois Lawyers and Substance Abuse Counselors Association (‘ILSACA’) with the Office of the Secretary of State (‘SOS’) regarding several proposed changes to the Illinois driver licensing laws as well changes in the Illinois DUI laws with other interested parties.

We are pleased to advise you that the SOS Traffic Safety Advisory Committee has voted to approve many these proposals. The accepted proposals include the following:

Elimination of all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain relief during certain periods of a statutory summary suspension (‘SSS’) or revocation. These include:

1. First offender SSS – Drivers will be eligible for a Monitored Device Driving Permit (MDDP) from day 1 of the suspension (currently cannot obtain a permit until the 31st day of the SSS);

2. Second offender SSS – Drivers will be eligible to apply for a Restricted Driving Permit (RDP) from day 1 of the suspension (currently cannot obtain any driving privileges during the entire length of the suspension – generally ranging from a period of 1-3 years. Additionally, drivers with extensions of these suspensions due to convictions for driving while suspended will also be able to apply for a RDP (they currently are not eligible to apply);

3. Individuals with 5-year and 10-year revocations will now be able to apply for a RDP from day 1 of the revocation (currently unable to apply for the first year of the revocation);

There are also other provisions which will expand the use of BAIID device.

These proposals are a matter of fairness for those drivers who have been rehabilitated and need to be able to drive to support themselves and their families and want to be productive members of society.

Legislation has been drafted to implement these proposals. It is our hope that the proposals will be enacted into law this Spring and signed by the Governor over the summer. At this time, we cannot provide you with an effective date.

Former “Lifetime Revocations” Eligible for Restricted Driving Permits Under Certain Conditions. We are also pleased to report that a separate piece of legislation that Larry Davis has authored on behalf of the ISBA and ILSACA will allow those with lifetime revocations to apply for a Restricted Driving Permit under certain conditions. Under current Illinois law, those with four (4) DUI convictions (the last arrest occurring on or after 1/1/99) are not eligible to apply for any driving relief – thus the term ‘lifetime’.

This legislation has passed the House and is now awaiting action in the Senate. Although we cannot predict the outcome, we are hopeful of passage and that the Governor will see fit to sign the legislation. Again, we cannot yet provide you with an effective date.

Per Se Level for Cannabis Impairment. Pending legislation provides that absent impairment, a driver can no longer be charged with DUI just because there is a trace amount of cannabis in the person’s system. The new per se law will set the cannabis level at 15 nanograms per milliliter of whole blood and 25 nanograms per milliliter of other bodily substances.

If you are wondering what you can do to help, you can call you local State senator or representative and urge them to pass these pieces of legislation.

Client Reviews
★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
★★★★★
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
★★★★★
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.
Justia Lawyer Rating for Brandon K. Davis
Featured In
Contact Information