Could the New Ohio "Liv’s Law" Influence Illinois DUI Laws?

 Posted on April 28, 2025 in DUI

Across the United States, state legislators are looking more seriously at impaired drivers. Ohio recently passed a new law, known as Liv’s Law, that significantly increases the penalties for repeat DUI offenders. While the law only applies to Ohio drivers, it is indicative of a larger nationwide move toward DUI policies that are designed to be harsh enough to prevent repeat DUI offenders. The new DUI policies in Ohio could potentially affect other states, including Illinois.

Liv’s Law was named after a 22-year-old Ohio woman killed in 2020 by a repeat DUI offender. Following the passage of this law, a first offense OVI (Operating a Vehicle Impaired) in Ohio that results in the death of another person now has a mandatory prison sentence of two to eight years. When there are no injuries or deaths involved, a first-time OVI offender now faces a driver’s license suspension of five years, while a third-time offender will have his or her driver’s license revoked for life.

The penalties in Illinois for repeat offenders are already fairly steep, carrying mandatory enhanced penalties. As an example, a third DUI in Illinois is a Class 2 felony, while a fourth DUI conviction is an offense that does not allow for probation and can result in the permanent loss of the individual’s driving privileges. In the event that Illinois DUI laws become even stricter, those facing DUI charges must speak to a DUI attorney who will aggressively fight the charges and try to keep a DUI conviction off their record.

Facing DUI charges in Illinois can be frightening and stressful. Hoping the charges will go away or that the penalties will not be too harsh is not a strategy. When you have a highly experienced Joliet, IL DUI attorney who will zealously fight for your rights and your future, you have a much better chance of an outcome that will not destroy your future.  

What Are Some of the Best Defenses Against an Illinois DUI?

While the defense used by your attorney will depend on your exact charges as well as the circumstances surrounding your arrest, there are certain DUI defenses that are implemented more often, including:

There Was No Reasonable Suspicion to Pull You Over

A police officer must have reasonable suspicion that a driver is intoxicated to pull them over. While reasonable suspicion may not fit a precise definition, it must include real evidence rather than a "gut feeling." Erratic driving, including crossing the center line, speeding, driving at speeds much less than the speed limit, or running a stop sign, can provide reasonable suspicion to pull a driver over.

The Field Sobriety Tests the Officer Based the DUI Arrest On Were Invalid

Most people are unaware that field sobriety tests are not mandatory in Illinois or in any state. That said, if you refuse to take field sobriety tests, the officer might use your refusal against you at your DUI trial, claiming you knew you would not pass the tests because you were inebriated, and that triggered your refusal.

Your BAC Reading Was Falsely High

Breathalyzer machines must be consistently maintained and calibrated. The officer administering the test must be trained and consistently follow protocols. Falsely high readings can occur in elderly people, women, those taking certain medications, those with certain illnesses, those on the KETO diet, and those working with paint or adhesives.

The Prosecutor Cannot Prove You Were in Control of the Vehicle

While you can be charged with DUI if you are parked by the side of the road "sleeping it off," the keys must be within your reach, and you must be in the front of the vehicle, whether in the driver's or passenger’s seat. The prosecutor may not be able to prove you were in actual control of your vehicle.

Contact a Will County, IL DUI Attorney

If you are facing DUI charges, you need a strong, knowledgeable Joliet, Illinois DUI lawyer from McNamara Phelan McSteen, LLC who understands the long-term devastation a DUI conviction can bring. Our firm is a midsize, aggressive law firm with attorneys who have specific experience in different fields. To schedule a free consultation, call 815-727-0100.