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Drunk drivers forced to pass the breath test

By Bethany Krajelis, The Southern

Sunday, September 2, 2007 12:50 AM CDT

FOR THE RECORD

DUI arrests in 2005 for the southern 15 counties of Illinois, according to the Illinois Secretary of State's 2007 DUI Fact Book:

l Jackson: 470

l Williamson: 386

l Jefferson: 187

l Randolph: 149

l Franklin: 136

l Massac: 103

l Union: 92

l Perry: 67

l Johnson: 66

l Alexander: 58

l Gallatin: 57

l Pulaski: 47

l Hamilton: 21

l Hardin: 23

l Pope: 19

SPRINGFIELD - First-time drunk-driving offenders will be able to keep driving as long as they can prove to a machine that they are sober enough to drive, under legislation the governor passed last week.

The law, which was an initiative of Mothers Against Drunk Driving, will make Illinois one of four states that require first-time offenders to install a breath-alcohol monitoring device in their vehicle. The device, which is linked to the vehicle's ignition, requires drivers to pass an alcohol breath test before the ignition will turn over.

Derek DePoister, a 21-year-old Southern Illinois University Carbondale student, said he thinks the law is a good idea but that it might be too strict.

"The idea of keeping drunks off the road is great," he said. "It just seems to be a little much. I guess it's kind of a double-edged sword."

Jackson County State's Attorney Mike Wepsiec said the legislation, which was sponsored by Sen. John J. Cullerton, D-Chicago, is not a bad idea. He said he still has questions regarding enforcement but said it will affect offenders beyond his office.

Jackson County reported the most arrests for driving under the influence of alcohol out of the state's southern 15 counties in 2005. According to the Secretary of State's 2007 DUI Fact Book, Jackson County had 470 DUI arrests in 2005, with Williamson County coming in second with 386.

Maurice McCann, a Murphysboro attorney who represents DUI defendants among others, said the large number of SIUC students residing in Jackson County might contribute to the large number of arrests. The stricter law, McCann said, might make tipsy drivers think twice.

"It's pretty expensive," McCann said. "From a monetary standpoint, it may make younger people ask, 'What is it going to cost you?'"

Dave Drucker, secretary of state spokesman, said the device will cost an offender about $150 for installation and about $70 month to rent the device. He added that there are six companies in Illinois that sell the breath alcohol monitoring device, also known as BAIID.

The new law, which starts in January 2009, will probably result in an increase in the number of motorists with the device, Drucker said. Currently, there are about 3,000 people, mostly repeat DUI offenders, with the device. He's expecting that number to jump to about 30,000 after the law kicks in.

Antonio Cannon, an SIUC paralegal major from Chicago, said he supports the law.

"I don't drink, and people abuse liquor. It's getting out of hand," he said. "I think the stricter law will make an example out of people, and that's the only way people will learn."

The new law also abolishes judicial driving permits, which allow offenders to drive to work or school.

During this spring's legislative session, several state lawmakers applauded killing the permits because some people, like stay-at-home parents, are not eligible.

While people like DePoister argue that the law is too strict, Drucker said the device is not mandatory. Offenders can chose not to install the device, but then they wouldn't be able to drive.

The law also doubles license suspensions for first-time offenders. Under current law, a DUI offender's license is suspended for three months, or six months if the offender refuses a breath test.

Some might wonder whether a sober friend could simply blow into the device to start the offender's vehicle. The device, however, requires drivers to pass breath tests at random intervals, in which drivers are instructed to pull off the road to take the test.

McCann said some of his clients who have had the device have had problems with the device registering properly in cold weather.

"Any type of machine can make errors," McCann said. "But I think the benefits far outweigh an occasional error."

bethany.krajelis@thesouthern.com / 351-5816