States across the country continue to take a harder stance on driving under the influence, especially when repeat offenses result in tragedy. A new Ohio law, known as Liv’s Law, reflects this trend by substantially increasing criminal and administrative penalties for repeat DUI offenders. While the law specifically affects Ohio…
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…
In Illinois and most other states, people can be arrested for driving while under the influence of alcohol, no matter how short of a journey they take. In some instances, though, extenuating circumstances may make a court view acts that are grounds for a DUI arrest more leniently. This was…
Like all criminal defendants, people charged with DUI crimes have the right to a speedy trial. Among other things, the right to a speedy trial aims to prevent the spoliation of potentially exculpatory evidence. Even if critical evidence is lost during a delay in bringing a defendant to trial, though,…
Over the past few decades, states throughout the country have been legalizing medical and recreational marijuana use. Many states have subsequently altered their DUI laws as well to define the legal limits of marijuana with regard to the operation of motor vehicles on public roads. Determining how to investigate and…
Due to relatively recent rulings by the United States Supreme Court, the police have to obtain a warrant to compel a DUI defendant to submit to a blood test. Nonetheless, law enforcement agents will sometimes try to circumvent the warrant requirement with a compulsory blood draw. While the results of…
In Wisconsin, as in many states, people face increased penalties for each subsequent DUI conviction after their first. In other words, a person found guilty of a fifth DUI offense can receive a harsher sentence than a person convicted of a fourth DUI offense. Until recently, Wisconsin law permitted prior…
Many people believe that, to a certain extent, behavior that may be illegal in a public place is lawful within the confines of their private property. For example, they may drive their cars around their property after consuming alcohol without considering that it may be prohibited. In some states, though,…
Until recently, Illinois Rules of Evidence 803(6) prohibited the state from introducing medical records in criminal cases. The Illinois Supreme Court took the extraordinary measure of amending Rule 803(6) in a recent DWI case, however, effectively changing the landscape for the prosecution of DWI crimes for years to come. If…
Many states have implied consent laws. In other words, when a person obtains a driver’s license, the law states that they impliedly consent to submit to a breath test if they are under investigation for DUI. In many states, if a person suspected of DUI refuses to provide a breath…