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Should repeat drunk drivers have the opportunity to get their driving privileges back? That was the question before the Illinois House this week.

Under the state’s current laws, drivers with four DUI convictions permanently lose their license. Many think that the punishment fits the (repeated) crime and helps keep drunk drivers off the road. And Illinois’s law is certainly not unique. A number of states impose a temporary or permanent loss of driving privileges after drunk-driving convictions.

But after hearing from one of her constituents who lost his license, Illinois Rep. Elaine Nekritz introduced a “redemption” bill that would allow serial drunk drivers to get a limited permit that would enable them to drive to and from work. In an interview with the Chicago Tribune, Nekritz said, “I listened to his story. I went with him to his AA facility, and he proved to me that he turned his life around. How do you say ‘no’ to a man who has changed and is just trying to be a better person?”

Nekritz argued that the bill would enable offenders to work—a key part of getting their lives back on track. And the law would have strict guidelines to limit permits to offenders who have proven they have changed. It requires a 5-year waiting period, successful completion of rehab, and an appeal to the secretary of state.

The bill and the controversy around it highlight the challenges of sanctioning and rehabilitating hardcore drunk drivers. Repeat offenders are often undeterred by fines, penalties, or jail—and many continue to drive after losing their license. In most cases, hardcore drunk drivers require true behavior change to stop reoffending. Bills like this one can give these individuals a way to reintegrate into society, but jurisdictions struggle to balance giving offenders a second (third, fourth, fifth) chance with public safety.

For now, the Illinois bill is on hold. The House voted it down, but Nekritz has the option to reintroduce it in the future if she can gather more support.

Should repeat drunk drivers permanently lose their license, or should those who change their ways be given an opportunity to get back behind the wheel?

Sobering Up Administrator

Sobering Up Administrator

Sobering Up: A blog about drunk driving, alcohol addiction, and criminal justice, is anything but a corporate blog. Sobering Up is an opportunity for anyone interested or involved in the issues of drunk driving, alcohol-fueled crime, alcohol dependence and addiction, and the justice system to participate in the conversation.

13 Comments

  1. Consider the unspoken truth in this matter. A person who has four DWI CONVICTIONS has no doubt many more arrests that for various reasons were dismissed because sophisticated lawyers know how (for a hefty fee) to game the system. Furthermore, to get four convictions for DWI a habitual drunk driver has to be driving drunk most of the time he or she is behind the wheel. Now the driver has to face the cold hard truth that driving is not a right, it is a privilege afforded those that obey and respect the law. Give the drunk a fifth chance and he will drive drunk again. They always do.

  2. The problem is that “permanently losing their license” does not mean that these drunk drivers will be off the road. It means that they will drink and drive without a license. While letting them drive with the proviso that they have an ignition interlock installed might not satisfy everyone’s desire for punishment, at least it helps prevent drivers from endangering others. It’s actually the most sensible solution.

  3. I am 36 years old and I am an alcoholic an alcoholic that has been with no license for 20 years! Yes I lost it when I was 16 and never saw it again! I did drink and drive and was it wrong ABSOLUTELY! But let me also say that on September 17 2014 I will have 3 years since my last drink! Im married with 3 beautiful children!I am an active member at my church. I have Been employed at the same place for 6 years and by the way I sell cars!But I could have a 1,000 people come with me to Springfield and testify for me that I DON’T DRINK! And for someone to say people can’t change well all I can say is CHALLENGE ME!! And ya know if someone doesn’t think a person can’t change….well then my answer to that is that they haven’t seen what God can do in a persons life nor do they believe! But after 20 years since I’ve had my license, I challenge anyone who doesn’t believe that people can change to come to my house, go to my church, go to my work, whatever it is that you need, to see that people can and do change! My kids are 12, 8, and 3 and there mother does all the driving for our entire family. And what a great mother and wife(Love you babe)!But my wife needs my help! And my kids need there dad at there games I can’t get to because she is already there. To take my kids on my day off to go swimming, park, fishing, piano lessons, boy scouts, band concerts,Dr appointments, to just drive to get some icecream with them, take my wife to dinner, these are things that I would give anything for. Please even if the law doesn’t change please understand that people do! And if you know someone that struggles with addictions and alcoholism know that there is hope! God saved me and he can do the same for you! God bless;)

    Chad Brakeman.

    1. I too am an alcoholic who lost their right to drive. I feel less than and the guilt and shame I feel for not being able to do for my child is unexplainable. I too am sober now. I was in jail with a woman who killed a man. She served 3 years and is driving. There’s something wrong with our system.

    2. Your story is very touching, and I appreciate that you have the integrity and self assurance to stand up to hypocritical idiots who like to throw stones at the legitimate painful struggles of others. I am sober also. But I struggle to except my past because of people such as the man who first wrote above. I am a caring person. I volunteer around my community. My desires are kind, honest and empathetic. I NEVER wanted to be as awful as my addiction to alcohol caused me to be at times, and my shame is still acute and painful. You gave me some strength today. I still cannot understand people who are so cold and calloused. Living in addiction was a veritable torment, not something I found pleasure in at the expense of others. And if he every falls off his high horse, I will empathize with his prideful fall from grace. As McCartny sang,…”and you know it don’t come easy.” Thank you, Chad, for sharing.

  4. By the way I am 100% honest about who I am and what I stand for. But I do have 4 DUIs I got 2 before I graduated high school then got another at 21 and then another at 26. So yes I have 4 DUI convictions in the state of Illinois. Your more the welcome to look it up. I an honest about who I am and I have to be! I can’t ever forget about my past and I don’t want to because my past is who I am now! And who I am today is the reason why I will do whatever it takes to let people know that there is hope. I have watched Gods work on others that have asked for my help that thought there was no hope, to seeing miracles in lives. Just like he has done in my life. But im also reminded why I don’t drink in ways where I have seen the pain and heartache that comes with it. But I look at it this way if I didn’t go through what I’ve gone through then I wouldn’t be able to see peoples lives change including my own and know

  5. That whatever I can do to save a life, I will give it my all and that means people out on the roads to because even if one person is saved that’s one less worry that never had a chance to even drink and drive! And that is what we need more of!! Not giving up!

  6. Letting someone drink drive five times before losing their licence is quite lenient, in the UK if you get caught drink driving you get an automatic 12 month ban and in other countries there is no tolerance, so any alcohol at all, even if just a very small amount, will result in a conviction.

  7. I look at this way, someone who has been convicted multiple times for DUI, or DWI, should not be given the opportunity to have their license re-instated.
    Let that person know first hand, the mistake he or she made, and make them understand that he or she made the decision to drink and drive, now they have to live with that decision, and the fact that they will never have a license again.
    I have personally seen the “aftermath” of a drunk driver caused accident.
    Ask yourself, “How would it affect you if your parent/child/closest friend/or an innocent 2 to 5 year old child were killed in an accident because some IDIOT decided to drink and drive, and he/she survived ??”

  8. Nekritz said, “I listened to his story. I went with him to his AA facility, and he proved to me that he turned his life around.

    AA is a 12-step program. One of the steps is accepting responsibility and the consequences of your actions. The man Rep Nekritz encountered is not accepting the consequences of his actions, which in this case is the permanent loss of his driver’s license. You can’t pick and choose which of the 12-steps you are following. You are either all in or your not.

    I lost and dear uncle in 1976 to a drunk driver, another uncle was severely injured buy a drunk driver in 2005, and my son was nearly killed by a 3-time convicted drunk driver named Michael Rodriguez in 2008.

    I am not without compassion or empathy for those who are truly trying to change. However, this has hit too close to home too many times. Change your lives, quit drinking, but be willing to accept that you should never drive. Also remember that their is no cure for alcoholism. Relapse rates are extremely high, even after 15 years of sobriety.

  9. Bill answer me this and be honest? Have you ever had a drink and got behind the wheel? Have you ever done something wrong? and no matter how big or how small? If the answer is yes? Let me ask you this did you do it again? If you answer no, I didn’t do it again!!! Then what if I said that’s impossible because there is NO WAY for you to ever learn from your wrong doings! Snd you wont change Bill. People can’t change like that so guess what I don’t care how many times you try Bill, you are incapable of change! Bill I am sorry for everything that has happened in your life. That really hits home for you as you stated. And you know what it hits home for me to. Because I hate to see the destruction of what addiction can do in so many lives. It affects everyone that’s involved and all we wished for was that this would change! Bill, don’t give up on change in people. It’s change that is what will save lives. It’s hope BILL. And H.O.P.E is what drives us!!! God bless Bill.

    1. Yes we as humans have all made some type of mistake, that is not an issue nor is learning from our mistakes. When you have an habitual offender for DUI, Under the state’s current laws, drivers with four DUI convictions permanently lose their license.

      Hear is the problem you can take the individuals license away but that is not going to deter them from driving or driving while intoxicated. I have many client whom are on their fourth and fifth DUI/DWI and are still on the road. A true punishment that has been proven to change the course of repeat offenders is that of the CAM Alcohol monitoring. Instead of giving them another change place them on remote Interlock starting device were the client has to blow into the device to start the vehicle. This equipment has facial recognition program installed, thus each time the client blows into the device it takes a picture of the person providing the sample. Make it mandatory for the offender to leave the device on for the same amount of years that they have been offending.

      No more should there be an excuse on why we have so many repeat offenses instead the question should be what else can be done for these individuals and the victims to which they incur.

      1. Samantha Gerhardt

        Ignition Interlock Systems are not 100% fool proof. Most of the states have it to where the Interlock device is calibrated to some degree of impairment, .02 or .05. The individual can still drive his/her vehicle if they blow below these concentrations. It is fact that even at a .02 or .05, you are still impaired “buzzed” and can still wreak havoc to an unsuspecting law abiding motorist. I have personally dealt with this program in my home state and it can be a joke. It is very easy to manipulate the system and still be able to drive. My home state wanted to implement this type of device for all DUI offenders and cut out education and treatment requirements in lieu of having an Interlock devise installed in your vehicle for a specific amount of time. This bill just stunk and it wreaked of political and monetary gain while all along masking the root of the problem…Drug and Alcohol issues, MH issues, or Trauma issues. Unbelievable to fathom that a group of intelligent grown men and women would believe in a system that only monitors vs. treatment or education. Shame on our society now, for having such low regard for each-other and our lives.

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