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In Illinois, DUI checkpoints are a standard enforcement tool used to prevent impaired driving and protect public safety. However, as recent events in Honolulu demonstrate, when the police conducting these operations arrest people without sufficient evidence of misconduct, it may constitute a violation of their constitutional rights. If you were arrested following a DUI checkpoint, it is important to understand your rights and to determine whether the officer had probable cause to make an arrest, and you should speak to an Illinois DUI defense attorney who can help you fight to protect your rights.

The ACLU DUI Case

It is reported that following recent events in Honolulu, the American Civil Liberties Union (ACLU) is preparing a lawsuit against the Honolulu Police Department (HPD). The ACLU alleges that HPD officers engaged in unconstitutional practices at DUI checkpoints, leading to the wrongful arrest of sober drivers. One case involved a man who was stopped at a checkpoint in Waipahu. Although he passed a breathalyzer test with a 0.00 BAC, officers arrested him on suspicion of drug impairment. The ACLU claims officers fabricated reports to justify the arrest and turned off body cameras to conceal their actions.

Allegedly, an investigation revealed that between 2022 and 2023, HPD arrested 69 individuals with negative alcohol tests. The ACLU’s legal director stated the group is not challenging the legality of DUI checkpoints but rather the practice of making arrests without probable cause. These incidents have raised concerns about civil liberties, potential quotas, and misuse of DUI enforcement tools. Continue reading →

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In Illinois, law enforcement frequently conducts targeted operations to address DUI offenses, especially during holidays and other times when alcohol consumption increases. One such initiative is the Kane County State’s Attorney’s “No-Refusal Operation,” held annually on the night before Thanksgiving. While DUI checkpoints and similar operations are legal in Illinois, people stopped at these checkpoints have certain rights, and it is essential that they understand them if they are stopped. If you face DUI charges, consulting an Illinois DUI defense attorney is essential to understanding and defending your rights.

Thanksgiving DUI Checkpoints

It is reported that the Kane County State’s Attorney’s Office announced it would conduct a “No-Refusal Operation” on the night before Thanksgiving, commonly referred to as “Blackout Wednesday.” This evening is known for increased alcohol consumption as friends and family gather ahead of the holiday. The operation is scheduled to run from 11 p.m. on November 27 to 3 a.m. on November 28.

Allegedly, the “No-Refusal” program, active since 2008, allows police officers to work with on-call assistant state’s attorneys to obtain search warrants compelling suspected DUI offenders to submit to chemical testing if they initially refuse. Illinois courts have held that individuals lack the right to refuse such testing when probable cause exists. This year marks the 37th operation by the county. Continue reading →

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In Illinois, DUI incidents can have life-threatening consequences, as recently seen when an alleged drunk driver was pulled from his car moments before it was struck by an Amtrak train. This incident highlights that not all DUI arrests arise out of traffic stops, but can occur any time the police suspect a motorist of operating a car while under the influence. If you are charged with a DUI offense, it is essential to consult an Illinois DUI defense lawyer to explore your legal options.

Factual Background

It is reported that the incident began when a 56-year-old man from Mount Prospect, Illinois, was allegedly involved in a hit-and-run accident after colliding with a parked car in Morton Grove. After the crash, the man reportedly attempted to flee north along railroad tracks near River Drive and Lehigh Avenue, where his car became immobilized. Bystanders observed the man’s car stuck on the tracks and quickly intervened, pulling him out of the vehicle moments before an oncoming Amtrak train collided with it, tearing the car in two.

Allegedly, Morton Grove police arrived at the scene and arrested the driver on suspicion of DUI. The collision with the train caused substantial delays to southbound Amtrak services and halted the Metra Milwaukee District North Line. The man’s charges remain under investigation, with potential DUI and additional criminal charges pending.

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In most states, repeated DUI offenses carry increasingly severe penalties, as state laws are designed to deter repeat offenders and promote road safety. Recently, a Delaware man was arrested for his ninth DUI offense after failing a field sobriety test during a routine traffic stop and now faces substantial penalties. In Illinois, as in Delaware, repeat DUI offenders will likely have to deal with severe consequences. If you are charged with a DUI offense, it is crucial to consult an Illinois DUI defense lawyer to understand your rights and available defenses.

The Delaware Man’s Arrest

It is reported that the defendant, a 53-year-old man from Elkton, was stopped by Delaware State Police on Route 13 near Odessa, Delaware, for speeding. Allegedly, the officer observed signs of impairment, prompting a field sobriety test, which the defendant subsequently failed. A computer check during the stop revealed that the defendant had eight prior DUI convictions. He was arrested and charged with driving under the influence, as well as driving while his license was suspended or revoked, and was held on a $6,000 secured bond.

Given the defendant’s extensive history of DUI offenses, this case highlights the significant legal repercussions for individuals with multiple DUI convictions and raises questions about state strategies for handling repeat offenders. Although this incident occurred in Delaware, similar laws in Illinois impose severe penalties on individuals with multiple DUI convictions. Continue reading →

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Illinois, like many states, legalized the recreational use of marijuana. With that change in law, though, comes confusion regarding what constitutes reasonable cause to stop a person for a marijuana-related driving offense. Recently, the Supreme Court of Illinois provided some clarity, ruling that the smell of marijuana, in and of itself, did not provide reasonable cause for a search during a traffic stop. If you are accused of a marijuana-related DUI offense, it is advisable to confer with an Illinois DUI defense lawyer to evaluate what arguments you may be able to set forth in your defense. 

Factual and Procedural Background

It is alleged that a state police officer stopped a car with an incorrectly secured license plate traveling at an excessive rate of speed on an interstate highway. During the stop, when the defendant rolled down his window, the officer detected the strong odor of burnt cannabis. Although the defendant denied having used cannabis in the vehicle, the officer conducted a search and found approximately one gram of cannabis in the center console. The defendant was charged with unlawful possession of cannabis and unlawful possession by a driver.

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While a DUI conviction can negatively impact anyone’s life, for people who drive for a living, the effects are often devastating. For example, in recent months, Massachusetts faced public scrutiny due to the sudden revocation of hundreds of commercial driver’s licenses (CDLs), impacting the livelihoods of many truck and bus drivers. These revocations were triggered by DUI convictions from decades ago, some as far back as the 1980s, as part of the Registry of Motor Vehicles’ (RMV) new “lifetime look back” policy. While the change in Massachusetts has no impact on Illinois law, it is a concerning sign of the possibility that retroactive penalties could be implemented in other states. If you are charged with a DUI crime, it is important to understand your rights, and you should meet with an Illinois DUI defense lawyer.

RMV’s Lifetime Look Back and the Impact on CDL Holders

 It is alleged that the RMV’s recent actions stem from its retroactive enforcement of provisions within Melanie’s Law, a Massachusetts statute enacted in 2005 aimed at cracking down on drunk driving offenses. Under this law, repeat offenders and those who refuse breathalyzer tests are prohibited from holding a CDL. However, the RMV did not uniformly enforce this rule until 2019, after a truck driver, who should have had his license suspended, was involved in a fatal crash that claimed seven lives. Following this tragedy, the RMV took a harder stance on CDL holders with past DUI convictions, applying Melanie’s Law to past violations.

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While the Illinois police are generally on the lookout for intoxicated motorists throughout the year, they often increase their efforts around certain times of the year. For example, a recent report indicated they will conduct a coordinated DUI enforcement campaign throughout the state over Labor Day weekend. While such efforts are permitted, the police cannot violate motorists’ rights, and if they do, the motorist may have grounds for arguing that any DUI charges arising out of a stop should be dismissed. If you are accused of a DUI crime, it is wise to confer with an Illinois DUI defense lawyer as soon as possible.

Illinois Police Intensify Efforts to Combat DUI Last Weekend of the Summer

It is reported that as the final weekend of summer approaches, Illinois is intensifying its efforts to combat driving under the influence (DUI) through a coordinated enforcement campaign. The Illinois Department of Transportation (IDOT) and the Illinois State Police (ISP), along with over 200 local law enforcement agencies, are participating in the national “Drive Sober or Get Pulled Over” campaign.

Allegedly, this initiative aims to prevent DUI-related incidents by increasing patrols and reminding the public of the serious consequences of driving under the influence of alcohol, cannabis, or other impairing substances. IDOT highlights that DUI arrests can lead to severe penalties, including substantial fines, legal fees, higher insurance rates, and the potential loss of life. The campaign, running through Labor Day weekend, is particularly crucial given last year’s statistics, which reported 11 fatal crashes in Illinois during the same period, with three of those crashes involving alcohol, resulting in six fatalities. Continue reading →

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It is generally understood that it is illegal to drive a vehicle while intoxicated. Many people would be surprised to learn, however, that they could be arrested for a DUI crime for sleeping in their car after consuming alcohol. This is true in many states, including Illinois, and as a recent arrest demonstrates, in California as well. If you are charged with driving while under the influence of alcohol, you should speak with an Illinois DUI defense lawyer to evaluate what steps you can take to protect your rights.

NFL Player Faces DUI Arrest for Sleeping in Car

It is reported that a few weeks before the start of training camp, a professional football player is facing legal issues instead of focusing on his preparation. The player, a wide receiver for the Minnesota Vikings, was arrested near Los Angeles International Airport on suspicion of driving under the influence. According to the police report, a West LA officer discovered a white Rolls Royce obstructing a lane on the I-105 highway. Upon investigation, the officer found the player asleep at the wheel. After conducting a DUI investigation, the player was arrested late at night.

Allegedly, the Vikings organization has acknowledged the incident and is currently gathering information before deciding on any potential disciplinary action. This is not the first time the player has been involved in a car-related incident. Nearly a year earlier, he was caught driving 140 mph in Minnesota, resulting in a misdemeanor speeding charge and a fine. The recent arrest follows a tragic event involving one of his teammates, who, along with two other former college football players, died in a car crash that authorities believe may have involved alcohol. Investigations into that incident are ongoing. Continue reading →

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People typically understand that they can be charged with DUI crimes if they are caught driving a vehicle while under the influence of alcohol. What may be surprising to some people, though, is that they can be charged with a DUI offense even absent direct evidence of their operation of a vehicle while intoxicated. For instance, in the case of a man arrested after his truck was found submerged in a lake, authorities relied on circumstantial evidence such as proximity to the vehicle, the vehicle’s condition, and the individual’s behavior to establish his involvement. Similarly, under Illinois law, DUI charges can be substantiated through observations and situational factors indicating control and intent to operate a vehicle while under the influence of alcohol or drugs. If the State charged you with a DUI crime, it is advisable to speak to an Illinois DUI defense lawyer at your earliest convenience.

Underwater Truck DUI Arrest

It is reported that a man in California’s Bay Area was arrested on suspicion of DUI after police found his truck submerged in a lake. The incident unfolded around 10:40 p.m. on the Fourth of July when the the California Highway Patrol responded to reports of an unknown vehicle in the lake, which reaches depths of 145 feet. Upon arrival, officers discovered the man’s truck underwater with its headlights shining out of the water. The man had left his boat on the lake earlier that evening and attempted to drive his truck down to the dock to load it onto a trailer. During this process, both the truck and trailer were pulled into the lake and quickly submerged.

Allegedly, during their conversation with the man, officers observed signs of alcohol consumption and conducted a DUI investigation. They determined the man was intoxicated and arrested him before taking him to the hospital for a medical evaluation. Following the evaluation, he was booked on charges of driving and operating a vehicle while under the influence of alcohol. Continue reading →

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