Illinois Zero-Tolerance DUI Law

The Illinois zero-tolerance DUI law permits the State to charge drivers with DUI if blood/chemical tests show any amount of an illegal drug in their system.  This is true even if they were not under the influence or at fault when a serious accident occurred.

ISBA Challenge Zero-Tolerance DUI Law

The Illinois State Bar Association (ISBA) seeks to change Illinois’ zero-tolerance DUI law via a bill already submitted to the state legislature. The ISBA seeks an amendment of the 1980’s DUI law so it does not apply to drivers who were unimpaired at the time of the accident.

The proposed measure cites a Lake Island incident in December 2011. Prosecutors charged a father with homicide after his ten-year-old son died in a crash caused by a distracted driver. Prosecutors charged Scott Shirley two months after the fatal crash due to trace amounts of marijuana found in his blood.  By law, authorities must take blood samples of all drivers involved in crashes that result in death or serious injury.  The trial court did not allow defense testimony that Shirley was unimpaired when the other driver ran the red light. Shirley eventually plead guilty and received 30 months probation according to his attorney because his client had no defense.