Gaining on drunk drivers
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officials, the courts and the public to work together. Lawmakers must continue to pass laws to deter people from getting behind the wheel while intoxicated.

Though the General Assembly has made lots of progress in passing laws aimed at getting drunk drivers off the road, there are several laws on the books in other states that Illinois does not have.

Illinois is one of only 10 states not requiring convicted DUI offenders to complete alcohol education programs before having driving privileges reinstated. Unlike 38 other states, Illinois does not impose liability on party hosts, holding them liable if a person has an accident after being served alcohol during a party. Other laws include mandatory training for those who serve alcohol, lower BACs for repeat offenders, anti-plea bargaining (prohibits reducing alcohol-related offenses to non-alcohol-related traffic offenses), and keg registration, which records information on those who purchase kegs, allowing the state to hold the person responsible for those who consume the alcohol.

In recent sessions, legislators refused to pass a bill that would extend DUI laws to include drivers of other motor vehicle devices, such as boats and jet skis. A bill that would have allowed police officers – upon DUI arrests – to take individuals to the hospital for blood draws, even if the arrestees refuse the test, failed to make it out of committee.

Opponents argued that the bill violates the rights of unreasonable search and seizure guaranteed under the U.S. Constitution’s Fourth Amendment. But advocates of the bill counter that the state’s implied consent law makes the blood draws fair game. Under Illinois’ implied consent law, motorists agree to submit to breath, blood and urine tests when issued a driver’s license.

Attorney Tim Timoney of Springfield, former DUI prosecutor currently representing DUI offenders, says the bill is a “prime” example of laws that are “getting real close to crossing the line” in terms of constitutional violations. Other laws, added Timoney, are pushed through without considering all aspects. “There is some middle ground that is often overlooked when passing these laws,” he stated.

For example, in recent years, the state has imposed a five-year driving suspension for second DUI convictions. Should someone with a DUI in 1981, and a clear record since the arrest, have their license suspended for five years? Timoney asks.

Pryor understands the concern that some recent laws infringe on the rights of others. However, he insists that we are all responsible for the safety of the community. “If we don’t lose our choices then we lose our lives. What should we hold most dear, choice or life?” Increasingly, states are turning to emerging technology, such as sensored flashlights that detect alcohol, and ankle bracelets that detect alcohol through sweat, as a valuable source in the fight to end drunk driving. Tests are underway on devices that detect alcohol through fingerprints and eye movement. Also, the auto industry is exploring ways to place devices in steering wheels to detect alcohol, and in car wheels to detect swerving.

“We are committed to using technology as an ally in the fight against drunk driving,” said Henry Haupt, Illinois Secretary of State deputy press secretary. McKeigue agrees. “We need as many tools as possible to get drunk drivers off the streets.”

While many may dream of a day when no drunk drivers are on the roads, the reality is that legislators and the judicial system cannot bear the sole responsibility of ending drunk driving. Real progress comes when we stop letting our family members and friends get behind the wheel when they are intoxicated, McKeigue said. “Each of us must become personally invested. If you see a car weaving, call 911. Talk to children in junior high and let them know that drinking and driving is not cool. The cost is too much to them and to others. It is up to us to keep our roads safe.”

Jolonda Young is a former IT staff writer. She currently serves as director of Intercultural Programs and Services at Blackburn College.