In the wake of a crash that killed four family members, a prosecutor is calling for prison terms for some repeat drunken drivers.
DuPage County State's Attorney Joseph Birkett proposed Monday a driver convicted
of DUI three times in 10 years - or a fourth in a lifetime - would face between four
and 15 years in prison. That same driver is now eligible for probation.
And, Gov. George Ryan also suggested prison terms for people who drive on
suspended licenses.
The latest tragedy this weekend left two 7-year-olds orphaned after their parents and
grandparents were killed in a crash authorities say was caused by a drunken driver
with a history of offenses.
"This senseless tragedy is yet another example of chronic offenders who simply
refuse to obey the law," Birkett said. "In this case, two generations of a loving family
have been wiped out."
The victims - Gurcharn Dhami, 37; his wife, Baljinder, 36; his father, Achar, 77; and
his mother, Nasib, 75 - were killed after their van was struck head on late Saturday
in Hanover Park.
The two children, a boy and a girl, who also were in the van, suffered broken bones
but are expected to recover.
Thomas Adams, 22, of Glendale Heights, remained hospitalized Monday with minor
injuries at Central DuPage Hospital in Winfield. He faces reckless homicide charges
on suspicion his blood alcohol content was more than twice the legal limit of .08
when he got behind the wheel.
Adams also is accused of stealing the gray 1989 Chevrolet van he was driving that
night from a Bloomingdale apartment complex near his home.
Adams, who had one prior DUI conviction, has had his license revoked three times
since December 1998. His criminal history includes pleading guilty in April 1999 to
possession of a stolen vehicle.
Adams, as is the case with many repeat offenders, is accused of driving long after his
license was revoked or suspended. State leaders have passed some two dozen laws in
recent years to try to quell the problem.
And lawmakers again are reviewing ideas in the wake of a Daily Herald investigation
that revealed nearly 185,100 licensed drivers had more than one drunken driving
offense on their records.
Most chronic offenders regularly drive illegally after serving usually less than two
years in prison, the newspaper probe also revealed.
After the series, Ryan called on judges and legislators to consider a range of
solutions, including making treatment or counseling a mandatory part of DUI
sentencing. He also suggested overhauling laws that allow the majority of first-time
offenders to wipe their records clean through court supervision.
On Monday, Ryan said he'd like to craft a law that would send a person to jail for
driving on a suspended driver's license.
"I don't know how he gets by," Ryan said of the Adams' case. "How do you suspend a
suspended license?"
Advocates of DUI law reform continue to be outraged.
"I just don't understand how people can continue calling this (DUI-related fatalities)
an accident. It is a societal problem," said Nancy Foy of the Schaumburg-based
Alliance Against Intoxicated Motorists.
Other suggested solutions include:
• Similar to Birkett's idea, Democratic state Sen. Terry Link of Vernon Hills
proposes tougher sentencing guidelines for repeat offenders. Link suggests making
third and subsequent DUI convictions a more-serious felony, which makes the
offender eligible for at least two years of prison.
• Judges may sentence repeat drunken drivers to sobriety. They would be regularly
tested with a new electronic-monitoring system likely premiering next year in
DuPage County.
Because the monitoring is performed remotely, using a telephone connection,
compliance with the alcohol restriction is verified at least once a day.
The "Sobrietor," as it's called, uses fuel-cell technology, the same alcohol
consumption monitoring system used in the most advanced portable breath-test
devices.
It measures the exact breath alcohol content from the breath test. A voice verification
system and other security measures are built in to minimize uncooperative offenders'
attempts to fool the system.
• For the fifth year, Roselle police detective John Lawson is pushing a law that
would allow the secretary of state to suspend the license of any motorist who refuses
to take a field-sobriety test.
The proposed bill failed each time it was proposed in the Illinois General Assembly
in the past years under heavy pressure by liquor lobbyists.
Under the proposed bill, refusal to take the field test carries an automatic six-month
license suspension, or a two-year suspension for a second offense.
Illinois already has a similar penalty for refusing to take a Breathalyzer test.
Drunken drivers sometimes avoid DUI convictions under the current system by
refusing to take field sobriety tests, Lawson said.
"You need the field-sobriety test to have the probable cause to make an arrest," he
said. "Without it, it leaves the officer in limbo."
• Birkett also suggests pushing for faster ways to force blood tests in suspected
drunken driving cases. He plans to resurrect a proposal that shields hospital personnel
from being sued for drawing the blood of alleged DUI offenders. The idea never
made it to the state Senate last year amid opposition from defense attorney lobbies.
The National Transportation Safety Board is suggesting states stop offering
community service to repeat drunken drivers in lieu of jail time and require them to
get treatment.
Daily Herald staff writer Amy McLaughlin contributed to this story.
