DUI Changes 2012

Few changes to Illinois DUI laws in the year 2012

by Lewis Gainor on March 16, 2012

The Illinois Secretary of State recently published its annual DUI Fact Book. The DUI Fact Book for 2012 is available for download here.

Most of the information provided by the Secretary of State remains unchanged. The reason is rather few laws were passed during the last legislative session that will go into effect in the year 2012.

For example, there are only two changes to the DUI statute for 2012:

First, state lawmakers have added two additional people to the list of who is qualified to do a blood sample. Under an amendment to the DUI statute, a physician’s assistant (PA) is now qualified to draw blood for purposes of DUI testing, as well as a licensed advanced practice nurse (LAPN). This change came from House Bill 1702, which was effective August 19, 2011. This bill amended Sections 1-106.1, 11-501.2, 11-501.6, and 11-501.8 of the Illinois vehicle code.

Second, state lawmakers did not so much change the law as they clarified it. It has been the law for at least one year that a person can have his driving privileges revoked for refusing chemical testing after an accident in which personal injury or death occurs. However, the legislature thought that there was an ambiguity in the statute which did not require an arresting officer to request such a chemical test. It was discretionary.

Because of this, the lawmakers passed a bill that requires the arresting officer to make that request wherever he has probable cause to believe the person involved in such an accident may be under the influence of alcohol or drugs. The new law was passed under House Bill 1241, and became effective August 22, 2011. This law amended Sections 11-501.2 and 11-501.6 of the Illinois vehicle code.

There are no additional new statutes concerning drunk driving in Illinois for 2012. But the year is young.

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