All states, including Illinois, have long made it illegal to drive under the influence (DUI) (625 ILCS 5/11-501) A DUI arrest in Illinois has two components. A driver will face criminal consequences. DUI, at a minimum, is a Class-A misdemeanor. As such, the possible penalties are up the 364 days…
The director of a social service agency in Champaign received court supervision following an arrest for Driving Under the Influence (DUI). Reports indicated that the probable cause for initially stopping the driver was excessive speed. It may come as a surprise that speeding is not one of the leading traffic…
Britt Miller, age 27, was arrested for Driving Under the Influence (DUI) in Decatur Illinois. Miller had signed autographs and raffled sports memorabilia during a Super Bowl party at a restaurant located in his hometown of Decatur. At about 2:00 AM on the night after the Super Bowl, police stopped…
Background: In the case of People v. Butorac, 2013 IL App (2d) 110953, an Illinois appellate court examined the rights of a boater who was subject to a warrantless entry and search of his boat while he was boating on it. The Court held that because of the unique nature…
The Illinois court system consists of three layers. The first is the trial court, which is situated in the downtown area of all of Illinois’ 102 counties. A single judge presides over a trial. In most cases, including Illinois DUI cases, a jury trial is available. In that instance, the…
Mother’s Against Drunk Drivers (MADD) is an organization that began as a grassroots effort to change DUI laws. It is now a lobbying group that relies upon free publicity, intimidation of judges and prosecutors and political favoritism to get its way. On an annual basis, it bestows various awards to…
Illinois has joined a few other states in adopting a law that allows for medicinal use of marijuana. It is known as the Compassionate Use of Medical Cannabis Pilot Program Act. Public Act 98-0122 It is a “pilot program” in that if lawmakers do not renew the program, it automatically…
In some states, for instance, Vermont, a refusal to submit to a breath test can in and of itself be a crime in addition to the separate crime of Driving Under the Influence (DUI). At the present time, in Illinois, the rules on refusal are different from those in Vermont…
While the benefits to public safety are questionable, the industry that provides Interlock Ignition devices is no doubt thrilled that the federal government has proposed mandatory use of their machines even for first time DUI offenders. The National Highway Traffic Safety Administration (NHTSA) is probably the most influential voice in…
If you are arrested in Illinois for Driving Under the Influence (DUI) and are not dead, unconscious or seriously injured, the officer will ask you to perform what are known as Standardized Field Sobriety Tests (SFST). Following these tests, the officer will ask you to take a Preliminary Breath Test…