Illinois DUI Lawyer Blawg

Illinois law requires police officers to have reasonable suspicion before initiating a DUI investigation. While that standard generally involves direct observation of driving behavior or traffic violations, certain circumstances, such as a crash, can justify immediate investigation. A recent incident near Stockton demonstrates how modern technology and traffic collisions can intersect to initiate criminal charges for impaired driving. If you are charged with a DUI offense, it is important to understand your rights, and you should talk to a skilled Illinois DUI attorney.

The Stockton Crash

It is reported that a single-vehicle crash occurred near Stockton, Illinois, on a Sunday morning. Allegedly, the defendant was driving northbound on an Illinois road when she lost control of her vehicle. According to crash reports, the vehicle veered off the highway, struck a tree, and ultimately came to rest in a private driveway.

It is alleged that an iPhone crash alert, automatically generated by the defendant’s mobile device, prompted the dispatch of emergency responders to the scene. When deputies arrived, they observed that the vehicle had sustained significant damage. The driver, a 38-year-old Stockton resident, was reportedly treated at the scene by emergency medical personnel before being transported to a hospital in Freeport for treatment of non-life-threatening injuries. Continue reading →

Illinois may soon take a more progressive approach to post-conviction driving restrictions for DUI offenders. A bill recently passed by the Illinois House of Representatives aims to grant individuals convicted of driving under the influence the ability to obtain restricted driving permits under clearly defined conditions. The bill, if enacted, would enable qualified drivers to maintain a limited degree of mobility, provided they submit to the use of alcohol-monitoring technology. If you are charged with a DUI crime in Illinois, it is critical to work with a seasoned Illinois DUI defense attorney who can explain how legislative changes may affect your rights. 

The Pending Bill

It is reported that House Bill 2658 would amend the Illinois Vehicle Code to enable the Secretary of State to issue restricted driving permits to individuals convicted of DUI offenses. The bill permits driving privileges up to six days a week, twelve hours per day, and within a 200-mile radius of the applicant’s residence. It is alleged that individuals must agree to install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) as a condition of receiving the permit. This device is an in-vehicle breathalyzer that prevents a car from starting if the driver’s blood alcohol content exceeds a preset threshold.

In Illinois, driving under the influence (DUI) of cannabis is prosecuted aggressively, particularly when accidents result in injury or death. However, these cases often involve complex legal and scientific issues that demand close scrutiny. A recent sentencing in Kane County involving a fatal crash and allegations of cannabis impairment demonstrates the life-altering consequences of a DUI conviction and the critical importance of mounting a strong legal defense. When faced with charges of cannabis-related DUI, especially those involving aggravating factors, defendants must have experienced counsel to ensure that the state’s evidence is properly challenged and that their rights are fully protected.

The Kane County Incident

It is reported that in October 2022, the defendant was driving a vehicle on Route 38 in Kane County when he allegedly lost control of it. According to reports, the vehicle entered the westbound lane and collided with an SUV, which was then pushed into a ditch and caught fire. A 4-year-old child in a car seat inside the SUV later died from injuries sustained in the crash. The child’s mother reportedly suffered serious injuries and was transported to a nearby hospital.

It is further reported that the defendant’s vehicle struck a second car following the SUV. After the crash, law enforcement collected blood and urine samples from the defendant, which allegedly revealed a Delta-9 THC concentration of 6.6 nanograms per milliliter in the blood. Continue reading →

In Illinois, driving under the influence (DUI) remains a serious criminal offense that carries both criminal and administrative penalties. While most DUI arrests arise out of collisions or erratic driving, people can face DUI charges even if they are not present at the scene of the alleged crime, as shown in a recent incident in Ogle County. If you are facing DUI charges in Illinois, it is imperative to seek legal advice from an experienced defense attorney who understands both the substantive and procedural aspects of DUI law.

Allegedly Abandoning a Damaged Vehicle After a Crash

It is reported that sheriff’s deputies in Ogle County responded to a late-night call in the village of Lindenwood on a Tuesday evening. Allegedly, at approximately 10:15 p.m., officers discovered a sedan that had been abandoned on a highway. The vehicle reportedly had sustained significant front-end damage from a collision with a guardrail on the east side of the road.

Allegedly, the vehicle was unoccupied when officers arrived, prompting an investigation into the identity of the driver and the circumstances surrounding the crash. It is reported that the investigation led deputies to identify the driver as a 33-year-old woman. She was later arrested and charged with multiple offenses, including Driving Under the Influence of Alcohol, Failure to Reduce Speed to Avoid an Accident, Improper Lane Usage, Failure to Report Property Damage, Operating an Uninsured Motor Vehicle, and Unauthorized Parking on the Roadway. The defendant was taken into custody and processed at the Ogle County Jail before being released with a notice to appear in court on a future date. Continue reading →

For individuals convicted of DUI, the long-term consequences of a criminal record can be significant, affecting employment opportunities, housing, and other aspects of life. A proposed bill in Washington aims to offer certain individuals the opportunity to vacate their DUI convictions under specific conditions. If you are accused of committing a DUI offense in Illinois or seeking post-conviction relief, consulting with an experienced Illinois DUI defense attorney can help you understand your options.

Washington DUI Expungement Bill

It is reported that Washington state legislators have advanced a bill that would allow individuals with DUI convictions to petition for record expungement under certain circumstances. House Bill 1110, which recently cleared a key committee vote, is part of a broader effort by lawmakers to provide second chances for individuals with past criminal records while maintaining public safety.

It is alleged that the bill would permit individuals convicted of DUI or Actual Physical Control While Under the Influence (PC) to seek vacatur of their conviction if they meet specific criteria. A primary requirement is that the petitioner must not have committed another drug- or alcohol-related traffic offense for at least five years. Additionally, amendments to the bill introduced by lawmakers now require individuals to wait a minimum of five years from sentencing or three years from release before petitioning for expungement. Continue reading →

DUI laws are designed to keep roadways safe by penalizing individuals who operate vehicles while impaired by alcohol or drugs. However, recent investigations have uncovered concerns about DUI arrests involving individuals who were reportedly sober at the time of their arrests. A new legislative effort in Tennessee seeks to bring transparency to these cases and protect people from unwarranted prosecution. While the pending bill will not impact Illinois drivers directly, it may be a sign of changes to come. If you are facing a DUI charge in Illinois, you should speak with an experienced Illinois DUI defense attorney to understand your rights and possible defenses.

Tennessee’s “Sober DUI” Bill

It is reported that a new bill has been introduced in response to a series of cases in which individuals were arrested for DUI despite allegedly having no detectable impairment. Multiple individuals faced legal consequences after being charged with DUI based on law enforcement officers’ observations rather than verifiable toxicology results. These cases sparked concerns about the fairness and accuracy of DUI enforcement, particularly in situations where chemical tests did not confirm intoxication.

It is alleged that the proposed legislation aims to increase transparency in DUI cases by requiring law enforcement officers to document and disclose all evidence used to justify a DUI arrest. This includes ensuring that video footage from body cameras or dashcams is preserved and made available for review in legal proceedings. Advocates of the bill argue that this measure will help prevent wrongful DUI arrests and convictions while maintaining accountability among law enforcement officers. Continue reading →

In the ongoing effort to reduce impaired driving incidents, North Carolina lawmakers have introduced legislation that would significantly change DUI laws in the state. The proposed Sober Operator Act of 2025 aims to lower the legal blood alcohol concentration (BAC) limit from 0.08% to 0.05% while also increasing penalties for refusal to submit to chemical testing and legalizing roadside fluid testing for impairing substances. If passed, this legislation could have a significant impact on DUI enforcement and prosecution and may ultimately impact DUI laws in Illinois and other states. If you are facing DUI charges, it is essential to consult an experienced Illinois DUI defense attorney regarding your rights.

Proposed Changes in North Carolina DUI Law

It is reported that North Carolina lawmakers are reintroducing a bill that would lower the state’s legal BAC limit for DUI offenses from 0.08% to 0.05%. The bill’s sponsor stated that the goal of the legislation is to reduce preventable accidents caused by impaired driving. Allegedly, the proposal has the backing of several national organizations, including the National Transportation Safety Board (NTSB) and other advocacy groups.

It is further reported that the bill contains additional provisions that would change how DUI offenses are investigated and prosecuted. Specifically, the legislation would impose an automatic 30-day driver’s license suspension for anyone who refuses to submit to chemical analysis when suspected of DUI. Additionally, the bill would legalize roadside fluid testing, which involves swabbing a driver’s saliva to detect impairing substances. The bill’s proponents claim that this measure would help law enforcement detect impairment from drugs and other substances that may not be evident through traditional breathalyzer testing. Continue reading →

In Illinois, DUI charges that arise from traffic stops often raise legal questions about the validity of the initial stop, the evidence gathered, and the procedures followed by law enforcement. A recent incident in Connecticut highlights these issues, as a 19-year-old driver was arrested for DUI after police allegedly detected marijuana and alcohol in her vehicle. If you are facing DUI charges in Illinois, understanding your rights regarding traffic stops and searches is crucial and you should consult with an experienced Illinois DUI defense attorney to help you build a strong defense.

Details of the Connecticut DUI Arrest

It is reported that law enforcement officers in Montville, Connecticut, conducted a traffic stop on a vehicle traveling on Interstate 395 after it allegedly passed a police cruiser on the right. Upon approaching the vehicle, officers reportedly detected a strong odor of marijuana and observed a cloud of smoke emerging from the window as the driver rolled it down. Based on these observations, officers asked the driver to exit the vehicle for further questioning.

It is alleged that the driver, a 19-year-old woman, admitted to having recently used marijuana. She reportedly failed a field sobriety test administered by police. After a search of the vehicle, officers discovered both marijuana and alcohol inside. Additionally, the driver allegedly did not have a valid driver’s license. Continue reading →