State law to immobilize drunk drivers

By Joel Guggenheim

Motorists arrested for driving drunk might find themselves not only penalized with possible imprisonment and a stiff fine, but also in need of a ride home.

A new state law, signed by Gov. James Thompson, which passed through the Illinois House of Representatives by a unanimous vote of 116 to zero, will go into effect Jan. 1, 1989. It allows police the option to impound the automobile or keys of a drunk or disoriented driver for a period of up to six hours.

Rep. John McNamara, D-Oak Lawn, who introduced the bill in June 1988, said the new law is a safeguard for the public and will aid in preventing accidents, injuries and fatalities.

“It is a tool to help cover loopholes in the law which allow intoxicated motorists to drive off on their own,” McNamara said.

Once a DUI offender is put on record by the police, they must, by law, release the driver if sufficient bond is posted.

“This new law gives drivers the opportunity to sober up before hitting the road again,” he said.

The six-hour maximum was decided upon in Senate agreements on the bill.

The law originally would have called for holding the offender in custody for up to six hours. However, the bill had to be altered because it is unconstitutional to imprison a person without trial if bond is posted.

Rep. John Countryman, R-DeKalb, suggested it would be more beneficial to hold the offender’s car instead.

“This way a sober family member or friend can take the responsibility of taking the intoxicated person safely home,” Countryman said.

When asked if the statewide law was directed at a specific area in Illinois, McNamara replied the law is for the good of everyone. However, he said he thought of the idea following circumstances that occurred in his own district of Oak Lawn.

A man who was arrested for driving drunk in Alsip posted bail and was released on his own recognizance. He was still drunk at the time of his release, and while driving through Oak Lawn, he struck and killed a pedestrian.

“If the driver had waited until he was sober, or if another person had driven him home that night, the victim would be alive right now,” McNamara said. “It’s totally senseless.”

“I feel the police and public are solidly behind the law, though, and it will definitely be enforced,” he said.

DeKalb Police Lt. Charles Beierlotzer said he is not completely familiar with the law, but he is not very happy with it.

“It puts an unfair burden on the officer because it forces him to make an on-the-spot judgment call,” he said. “It’s a damned-if-you-do, damned-if-you-don’t situation.”