Stopped For Drunk Driving in Illinois – DUI Eye Test?

Reader’s Question:

When the Illinois officer stopped me one time when I was driving I noticed that the officer made me to follow a penlight with my eyes to the left and right? Why is that?

Elena

Chicago, IL

Hi Elena, the test that the police officers performed when they stopped you in Illinois is called the horizontal gaze Nystagmus test. For quite sometime, Illinois police officers have utilized definite voluntary tests to decide probable intoxication of drivers stopped on suspicion of a DUI. The tests mottled widely in the past. No research was accessible to establish the fairness of these tests in knowing the level of intoxication. The Illinois National Highway Traffic and Safety Administration explored these tests in 1977 and 1981 and determined a satisfactory test that could fairly dependable to know a driver’s intoxication level.The Nystagmus test is a practically a recent improvement in DUI investigation. The Louisiana police officer will make an effort to make an educated guess the position at which the eye begins to jerk; if this happens sooner than forty five degrees, it hypothetically designates a blood alcohol level over .05%. The smoothness of the eye’s tracking the penlight is also a factor, as is the kind of jerking when the eye is as distant to the side as it can go.This field sobriety test has established to be questioned to a number of different harms, not the slightest of which is the non-medically skilled officer’s skill to be familiar with Nystagmus and calculate approximately the angle of onset. Because of this, and the reality that the test is not established by the health community, it is not allowable in many states; it is, still, allowable in Illinois.

DUI Breath Test Refusal in Illinois Traffic Stop

Reader’s Question:

I was charged with DUI here in Illinois two days ago. I refused to take any blood alcohol test. I was advised by a friend about the 10-day rule before they could even suspend my license. What happens if I am unable to do this?

Lisa

Chicago, IL

Thanks for asking, Lisa.

In the state of Illinois, if the driver refused to a blood alcohol test, or if submitted and have a breathalyzer result of 0.08 or higher for age 21 or more, .04 or higher if driving a commercial vehicle, or .02 or higher if under age 21, the state will attempt to suspend your license for one to five years. In most case, this attempt to take away your right to drive will occur before trial. This would be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of your arrest.

You will have an administrative driver’s license suspension for one to five years before you even go to trial on your DUI offense if you don’t request a hearing. You have a fighting chance to keep driving until your DUI case comes to court if you were able to request the hearing.

Teen Driver Car Insurance With DUI in Illinois

Reader’s Question:

My 20-year old teenager son just received a DUI in Illinois for the first time. How will this affect my insurance rate and his since his insurance is also under my policy with him as driver?

Pam

Chicago, IL

Too bad for you, but DUI is a serious offense in Illinois and is classified as a violent crime. Unfortunately, this offense will permanently remain on his driving record. He may lose his driving privileges and can either be imprisoned or fined.

This offense is also taken very seriously by any insurance company since the driver becomes a risk to them compared to a person with a clean driving record. This would likely increase his rate which can affect the whole policy, including your premium rates.

A DUI can subject yours to high-risk auto insurance rates for three years according to the Illinois Secretary of State. The IL SOS DUI Fact Book states that high risk insurance for a driver convicted of DUI averages an additional $1500 per year!

However, since insurance companies rating systems are not the same, it is better that you find out more from your insurance agent as to how much the increase will be and for how long.

Illinois DUI Conviction – How Long Will It Stay On My Record?

Reader’s Question:

How long does a DUI stay on record for the states of Michigan and Illinois? Does it reflect on my criminal record?

Joshua

Cicero, IL

Most traffic violation in Michigan stays on your record for at least 7 years. But, certain convictions and licensing actions remain on your driving record for at least 10 years. The same is true for alcohol violations which remain on your record for a minimum of 10 years. Fatality remains in you driving permanently in Michigan.

According to the Illinois the IL Secretary of State (SOS), moving violations remain on a driver’s record for 4 to 5years from the date of conviction. The information on the ticket will be carried on your driving record for a minimum of 7 years from the date of reinstatement if such ticket forms the basis for suspension or revocation of your license. DUI remain on a driver’s record for a lifetime in Illinois.

See with the various state’s courts to know how long these types of records will remain on your record and whether DUI is criminal or not.

DUI SR22 Auto Insurance in Illinois

Reader’s Question:

A friend’s Dad was arrested for drunk driving in Peoria, Illinois. He was asked to file an SR22. What happens if he refuses to do this?

Karen

Peoria, IL

Good Question, Karen.

An SR22 is one of the means in Illinois to monitor the insurance of problem drivers. Through this process, mandatory insurance is enforced in the most efficient way. Illinois citizens are protected from uninsured motorists through the Financial Responsibility Law.

SR22 is required in Illinois by individuals with safety responsibility suspensions, unsatisfied judgment suspensions, revocations, mandatory insurance supervisions and individuals who receive three or more convictions for mandatory insurance violations.

In short, your Dad’s friend cannot refuse to file an SR22. This certificate of insurance is filed by the home office of an insurance company directly to the Secretary of State. This may be obtained by contacting an insurance company that is authorized to write SR-22 policies for Illinois.