In a previous post on watercraft OUI vs. motor vehicle DUI, I discussed some differences between the two offenses. Here are a few more differences:
- Second OUI Is a Felony, but Second DUI Is a Misdemeanor. A person’s third DUI in a motor vehicle may be charged as a Class 2 felony. OUIs differ from the DUIs in this regard in that a person’s second OUI may be charged as a felony if the person’s first OUI resulted in a conviction (no supervision). 625 ILCS 45/5-16(A)(4)(a).
- Different Field Sobriety Tests. The field sobriety tests that work for motor vehicle DUI investigations don’t work well in the aquatic environment (except for the HGN test a/k/a the eye test). As such, different tests are typically administered. In a DUI case, the three typical tests are the HGN test, the Walk-and-Turn test, and the One-Leg Stand test. In an OUI case, the three typical tests are the HGN test, the Alphabet test, and the Hand Pat test.
- Conservation Police. With OUIs, you are probably being investigated by a conservation police officer. While experiences may differ elsewhere in the state, every OUI I have handled has been investigated by the Illinois Conservation Police.
Most DUI cases are misdemeanor offenses. A misdemeanor is usually less serious than a felony, and a person can go to county jail for a misdemeanor in Illinois, but not to prison. When an aggravating factor is present, however, a regular DUI can be elevated to a felony offense. Common ways for a DUI to become a felony are as follows:
- A person did not have insurance when committing the DUI.
- A person did not have a driver’s license when committing the DUI.
- Great bodily harm occurred because of the DUI.
- The DUI was the person’s third DUI.
In Illinois, it is illegal to both operate cars and boats while under the influence of alcohol. But, these crimes are listed in separate places in the Illinois Compiled Statutes. The law that applies to boats is located in the Boat Registration and Safety Act. The exact citation is 625 ILCS 45/5-16. The law that applies to cars is in the Illinois Vehicle Code. The exact citation is 625 ILCS 5/11-501.
With either offense, a normal first offense is a Class A misdemeanor. An OUI under the Boat Registration and Safety Act will not affect a person’s driver’s license, but it may affect a person’s ability to operate a watercraft.
“Can I drive now?” During DUI consultations, this is a question I often get from potential clients. The person’s driver’s license suspension will not start until the 46th day after the police issue the sworn report for the case (the sworn report date is usually the date of arrest). This means that, as long as the person’s license is otherwise valid, he can continue to drive until the date his statutory summary suspension begins.
On a related note, a person should not rely on his math skills for the 46th day date. The Illinois Secretary of State’s Office will mail the person the exact date and time the person’s suspension will begin. That is information the person can rely on.
Can I be arrested for DUI if I am on my own land or other private property?
Yes. Illinois law allows for you to be arrested for DUI on private property, including your own. Specifically, 625 ILCS 5/11‑201 states as follows: “The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State (emphasis added).” Article V contains the DUI statute. “[T]he words ‘elsewhere throughout the State’ encompass all areas of the State, public or private.” People v. Guynn, 33 Ill. App. 3d 736, 739 (3d Dist. 1975).
Published February 16, 2011
Driving Under the Influence
Due to Public Act 096-1526, a judicial order is no longer needed for first-time DUI offenders to receive a Monitoring Device Driving Permit (MDDP). In order to receive an MDDP, eligible drivers with a statutory summary suspension will deal directly with the Illinois Secretary of State’s Office.
Click here to visit the Illinois Secretary of State’s BAIID/MDDP website. (Note: As of the writing of this post, this website has not yet been updated with information about the new law.)
Published December 30, 2010
Driving Under the Influence
In 2010, from what I could gather from Judici.com, there were 337 DUI cases filed in Coles County.
How does this compare to previous years?
As for other nearby counties, perhaps we can convince Effingham’s Scott Ealy to resume blogging long enough to update us on Effingham and surrounding counties?