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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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While states have various BAC threshold limits for per se DUI charges, in every state in the country, it is unlawful to drive while under the influence of alcohol. While in most instances, DUI charges arise out of the operation of a passenger vehicle, in many states, including Illinois, the DUI statutes do not limit such offenses to people driving cars or trucks. Instead, they merely specify that the operation of a motor vehicle while impaired due to the consumption of alcohol is unlawful. For example, in Pennsylvania, a teenager was recently arrested for operating a Gator after drinking. If you are charged with a DUI offense in Illinois, it is smart to talk to an Illinois DUI defense lawyer about your possible defenses.

Facts of the Pennsylvania Case

It is reported that a 19-year-old from Pennsylvania was arrested for driving under the influence while operating a John Deere Gator. The incident occurred on March 17, when police conducted a traffic stop after noticing the driver, identified as the suspect, leaving a Sheetz parking lot without using a turn signal. Additionally, the vehicle was not registered. During the stop, officers observed signs of alcohol impairment in the suspect.

It is alleged that a field sobriety test confirmed these suspicions, and a subsequent breathalyzer test revealed that the suspect’s blood alcohol concentration was five times the legal limit for an underage individual, which is 0.02 percent in Pennsylvania. The suspect faces multiple charges, including DUI-general impairment and DUI-minor, and was released pending a court hearing. Continue reading →

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Generally, the severity of the penalty for DUI crimes depends, in part, on the alleged offender’s BAC at the time of their arrest. In other words, most states impose stricter punishments for what are considered “aggravated” DUI crimes, which is usually defined by a BAC level above a certain limit. Recently, Tennessee passed two laws that will impact the prosecution of DUI offenses, by lowering the threshold for aggravated offenses and offering alternatives to jail time. While the changes do not impact Illinois law, they may provide insight on modifications to come in DUI laws throughout the country. If you are accused of committing a DUI offense, it is sensible to speak to an Illinois DUI defense lawyer promptly.

Tennessee’s New DUI Laws

It is reported that two new DUI laws set to take effect on July 1, 2024, in Tennessee will introduce stricter penalties for those caught driving under the influence. The first law lowers the blood alcohol concentration (BAC) threshold for aggravated DUI from 0.20% to 0.15%. This change means that first-time offenders with a BAC over 0.15% will now face a mandatory seven-day jail sentence, significantly increasing from the previous penalty of 48 hours.

Allegedly, offenders will face other penalties as well, including the mandatory installation of an ignition interlock device in their vehicles for a year. This device requires drivers to pass a breathalyzer test before starting their vehicle, aiming to prevent repeat offenses. The second law offers a new option for serving time for first-time DUI offenders. Instead of serving jail time, offenders may, at the discretion of the judge and prosecutor, serve their sentence in an alternative facility. Continue reading →

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While many DUI arrests arise out of traffic stops, some are the result of DUI checkpoints. In most states, including Illinois, law enforcement agents have the right to conduct such checkpoints and often do so during the times of year when people are more likely to drive while intoxicated, like holidays and the summer. Regardless of when they conduct DUI checkpoints, though, they must abide by proper procedures. Recently, DUI checkpoints in Illinois resulted in numerous arrests and citations, but it is unclear at this point whether there are grounds for challenging any of the arrests. If you are faced with accusations that you drove while intoxicated, it is advisable to meet with an Illinois DUI defense lawyer to assess your options.

Illinois DUI Checkpoints Yield Arrests

It is alleged that in April, Illinois State Police conducted five nighttime roadside checkpoints, resulting in two DUI arrests and a total of 142 citations and arrests. These citations encompassed a range of offenses, including violations related to registration, driver’s licenses, insurance, and seat belt usage, as indicated in a news release.

It is reported that the checkpoints, managed by the Illinois State Police, were stationed at various locations, each yielding different numbers of citations and arrests. The checkpoints commenced late on the first day and concluded early on the second day of operation. Additionally, troopers issued 49 written warnings as part of the enforcement effort. Continue reading →

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The penalties for DUI crimes vary throughout the country, with many states requiring people found guilty of DUI crimes to install ignition interlock devices in their cars. Such penalties are usually reserved for people convicted of two or more DUI offenses or more serious crimes. In South Carolina, though, the legislature recently passed a law requiring ignition interlock devices for anyone found guilty of a DUI offense. While the law has no impact in other states, it could be a sign of changes to come throughout the country, including in Illinois. If you are charged with driving while intoxicated in Illinois, it is in your best interest to talk to an Illinois DUI defense attorney about your rights.

South Carolina’s Ignition Interlock Law

It is reported that South Carolina is set to enforce a tougher DUI law, marking the first major update in nearly ten years. Starting May 19th, anyone convicted of DUI will be required to use an ignition interlock device, which prevents a vehicle from starting if it detects any measurable amount of alcohol on the driver’s breath. Previously, the use of ignition interlock devices in South Carolina was limited to individuals with multiple DUI convictions or those with a first conviction and a blood alcohol concentration (BAC) nearly twice the legal limit.

Reportedly, the new law expands this requirement to all first-time DUI offenders, aiming to prevent impaired driving and enhance road safety. Supporters believe this law will reduce drunk driving incidents and save lives. The law, which is an extension of Emma’s Law, named in memory of a young girl killed by a drunk driver in 2012, is expected to double the number of these devices installed in vehicles across the state. Continue reading →

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