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DUI law Illinois, DuPage DUI drug attorneyThe current driving under the influence (DUI) statute in Illinois, last revised in the 1980s, essentially implements a “zero tolerance” policy on driving with any amount of alcohol or substance in a driver’s system. The law will hold individuals that have even trace amounts of drugs in their system responsible for accidents they might not have even caused. A recent 2011 case involving a driver who ran a red light and killed a 10-year-old boy brought the controversial law into the limelight again, though the law had already upheld in two Illinois Supreme Court cases heard in 1994 and 2011.

Understanding the Law

The law, as written, means that if you are involved in an accident where someone is killed or seriously injured, you can be required to submit to a blood test to determine what substances you have in your system. Even if you have not ingested drugs in a month, as was the case for the man charged with an aggravated DUI, you may face criminal penalties. This may be true for any type of drug or controlled substance. The concern is that people are technically driving under the influence whether they are actually impaired at that moment or not.

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